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         **                                                   **

         **     PPPPP    I    RRRRR    AAAAA  TTTTT   EEEEE   **

         **     P  PP    I    R  RR    A   A    T     E       **

         **     PPP      I    RRR      AAAAA    T     EEEEE   **

         **     P        I    R  R     A   A    T     E       **

         **     P        I    R   R    A   A    T     EEEEE   **

         **keepin' the dream alive                            **

         *******************************************************

 

                -=>   VOLUME 1, ISSUE 5, APRIL, 1990       <=-

                                (File 1 of 11)

 

                           **** WELCOME ****

 

              To the fifth issue of -=* PIRATE *=-!

 

                 >> SPECIAL ISSUE ON LEGION OF DOOM BUSTS <<

 

Special thanks for getting this issue out go to:

  Chris Robin

  Ellis Dea

  Hatchet Molly

  Jedi

  Jim Richards

  Pru Dohn

  Several anonymous (by choice) contributors

  Sherlock Ohms

  The Legion of Doom

 

Any comments, or if you want to contribute, most of us can

be reached at one of the following boards:

  BOOTLEGGER'S               >>> PIRATE HOME BOARD

  RIPCO                      (Illinois)

  SYCAMORE ELITE             (815-895-5573)

  EURO-AM CONNECTION         (Illinois)

  COMPANY OF WOLVES          (301-791-1595)

  THE ROACH MOTEL            (California)

  PACIFIC ALLIANCE           (818-280-5710)

  THE CHIMERAN CONSPIRACY    (Minneapolist/St. Paul)

  THE LIGHTNING SYSTEM       (414-363-4282)

 

     +++++++++++++++++++++++++++++++++++++++++++++++++++++

 

Dedicated to sharing knowledge, gossip, information, and tips

for warez hobbyists.

 

                    ** CONTENTS THIS ISSUE **

 

File 1.  Introduction

File 2.  Commentary (by Ellis Dea)

File 3.  Proscutor Press Release of LoD indictment

File 4.  Federal Indictment of LoD bust

File 5.  What pheds did to The Mentor

File 6.  Pheds Hassle Employers

File 7.  Jolnet Story (part 1)

File 8.  Jolnet Story (part 2)

File 9.  E-Mail Counter suit

File 10. Hackers Strike Back

File 11. Phreaks and Hackers as Post-Modernists

 

     ------------------------------------------------

 

                            ** ABOUT THIS ISSUE **

 

On February 6, 1990, a federal indictment came down in Chicago charging The

Prophet and Knight Lightning (co-editor of PHRACK) with interstate

transportation of stolen property, wire fraud, and violations of the federal

Computer Fraud and Abuse Act of 1986 (See Title 18, United States Code,

Section 1343, and Title 18, United States Code, Section 1030(a)(6)(A).

Although the indictment specifies no hard information other than inuendo and

rather spurious leaps of logic for the charges of attempted fraud and

conspiracy, it does claim that E911 documents (a training manual) was taken

from BellSouth's computer system. The Prophet is charged with obtaining the

documents, and Knight Lightning is charged with receiving them and editing

them for PHRACK. It seems KL's only "crime" is exercising his first amendment

right to freedom of the press, because the indictment indicates that

publishing information intended to sharpen certain types of computer skills

should be considered a federal crime.

 

In addition to TP and KL, other LoD members have been busted, harrassed, and

have had their equipment, and the equipment of their employers confiscated,

despite reliable information that no evidence of wrong-doing existed!

 

The Legion of Doom (LoD) busts have implications for every body, even those

who do not use computers. At stake are Constitutional rights of privacy and

first amendment rights of free speech, publishing, and information sharing.

The attempt to purge the world from those nasty computer underground

participants has led to arrests, "investigations," seizure of property for

evidence, and other "crimes" by law enforcement agents against computer owners

and users whether implicated in an offence or not.  We find this trend to

frightening that we devote this issue of PIRATE to the Legion of Doom busts

and try to raise some of the issues that we see as important for

**EVERYBODY**!

 

What action can you take? Be careful not to violate the law, but DON'T BE

AFRAID TO EXPRESS YOUR RIGHTS TO SHARE INFORMATION!  The "chilling effect" of

supressing freedom of speech has led some sysops to avoid posting anything

controversial. Even PIRATE has been deleted from some boards because the

sysops are afraid of reprisals by the pheds, which can include confiscation of

equipment and possible loss of income. You can help by uploading news

articles, stories, or any other info to as many boards as possible to spread

information and to let the sysops (and the pheds) know that there are still

people who believe we have a Constitution.  Second, you can write your

congressional representatives and others who have made (and continue to make)

laws restricting information flow. Let them know you are concerned about

criminalizing non-harmful behaviors (such as posting PIRATE, PHRACK, or

articles related to the computer underground), and that you find the penalties

and the confiscation of equipment without hearing totally undemocratic.

Finally, talk about this stuff with friends and get your own viewpoint known.

Repression occurs in a vacuum, and we lose our freedoms not by some major

revolution, but slowly, gradually, a bit at a time while nobody is paying

attention.

 

                 >--------=====END=====--------<

 

 

 

***************************************************

***  Pirate Magazine Issue I - 5 / File 2 of 11 ***

***  Commentary (By Ellis Dea)                  ***

***************************************************

 

 

A contributor sent over this opinion by Ellis Dea that was found on an

Illinois BBS. It equates the current witch hunts against the computer

underground with McCarthyism. It says it nicely, so here it is.

 

----------------

 

                 "The Hunt for the CU: The New McCarthyism?"

                              >> By Ellis Dea<<

 

I just read a paper that discussed the Post-Modernist ramifications of

"hacking" within the context of criminology {eds' note: This is apparently a

reference to an academic paper called "The Computer Underground as Postmodern

Resistance" that's appeared on a number of boards}.  I found it interesting,

especially the earlier parts.  This is not to say that the later parts were

uninteresting, but then I already knew much of the material presented therein.

What was new about the first part was the theoretical construct placed upon

the entire CU subculture, a construct I have hinted at perviously, but never

really formulated.

 

The paper takes an analytical stance, analyzing the phenomenon from a

post-modernist perspective and, I must confess, that these very aspects of the

situation constitute the attractiveness of it.  However, the paper tends to

ignore much of the political aspects of the problem.  The situation seems to

me not much different from the 1968 convention where the real issue was a

class struggle manifesting itself primarily in the Vietnam war while the media

manipulation was a matter of style (the "Yippies").

 

Today we are seeing a 90's version McCarthyism involving many of the same

elements including mass-hysteria, misinformation, and self-aggrandizement by

governmental functionnaires.  The masses out there are firmly convinced that

any problem with their telephone is a result of "hackers."  Police reports of

the arrests of 14 year olds constantly use the phrase "The Legion of Doom is

one of the most dangerous organizations in the country." Obviously, "hackers"

have replaced "communists" as the favorite scapegoat -- a villain we can all

fight and who is relatively harmless.  How many of these nefarious "hackers,"

for example, have been found with any sort of weapons in their hands?

 

It seems also that there is a certain amount of prestige attached to the

apprehension of these "hackers."  While no Senator has attained the prominence

of a McCarthy of the 50s, it would certainly be unwise for any of them to take

a position favoring a more realistic criminal code.  The political climate and

media competence (or incompetence) is such that attempting to distinguish

between someone who has a genuine interest in computers from someone out to do

damage would be every bit as damaging to ones political and professional

career as it would be to distinguish between the recreational use of cannabis

and the sale of crack or heroin.  All is lumped together under the term

"hacker" and anyone who makes distinctions is ultimately in danger of being

considered threats to national security.

 

The recent 911 affair is symptomatic of this.  Reports of it on the media gave

the impression that the entire emergency system hade been damaged or destroyed

and one was left with the impression that people out there with heart attacks

and fending off rapists were left without telephone and, hence, assistance.

Only those who pursued th the documentation for the program that ran parts of

the system had been downloaded without any damage at all to the operation,

present or future, of the system.  The only possible damage to the system is

in the embarrassment of those responsible for the security of the system.  The

act did prove that the system could be brought to it knees, so to speak, but

if also proved that "hackers" had a much higher code of ethics since the

system was not affected in any way.  If anything, the system is now more

secure as a result of the activities of these people and, rather than

castigating them in the press, the establishment should give them a medal of

some sort.  The people who left the computer so open to penetration (notice

how C.I.A. language tends to creep in) are the ones who should be prosecuted.

 

They will not be prosecuted, however, because they were operating within the

system and were hence subject to its code.  In other words, they subscribe, at

least openly, to the propaganda currently directed against "hackers."

Furthermore, to allow these public servants who pointed out the weaknesses of

the computer system to escape would be to admit incompetence.  The "reasoning"

is that the prosecuted is wrong, they are prosecuted, therefore nothing was

wrong with the computer system.  This is the same sort of convoluted reasoning

that is behind so many of the other domestic and foreign policies of our

country and nothing will happen to alter it.  It is sobering to realize today

that perhaps the single most important figure against McCarthy, and the one

that made his decline possible, was Edward R.  Murrow, a news journalist.

Murrow knew quite a bit about the dangers of fascism and knew how the soviets

were our allies during World War II.  I do not see any parallel to him today

as relates to "hacking."

 

Lest we think that the media, especially the news components thereof, might be

able to inform the public about this, allow me to share with you an example of

how it works.  I recently saw a segment on Shakespearian productions that

contained such bits of information as the fact that the dialect spoken in

appalachia today is closer to Shakespeare's than is the dialect spoken today

in England.  The announcer then said, "On the serious side, George Bush hung

blue ribbons on the masts of . . . ."  The only rational reaction is to tie a

yellow ribbon to your modem.

 

I will end this with a brief observation.  Their are, of course, distinctions

between the "hackers" of today and the "communists" of the 50s --the "hackers"

need not be defenseless.  They are not criminals, but our government's

persistance is turning them into criminals.

 

 

                 >--------=====END=====--------<

 

 

 

***************************************************

***  Pirate Magazine Issue I - 5 / File 3 of 11 ***

***  Federal Press Release of LoD Bust          ***

***************************************************

 

 

Reprinted below is the press release that accompanied the LoD indictment.  The

indictment against The Prophet and Knight Lightning, 13 pages of it, contains

a variety of charges. The most absurd is that LoD was engaged in a conspiracy

to bring down the E911 system in the U.S. It is clear that agents are either

totally ignorant of what the computer underground is all about, or is too

arrogant to care in building their case. It appears they took the satirical

article in PHRACK 24 for a "confession" of some kind. In that article,

anonymous authors describe, humorously, how they got rich from New York's

Citicorp Bank. However, the Secret Service Agent in charge of the case in

Atlanta said that, from his knowledge of the case, he saw no indication that

monetary gain was at issue, and the media seems to ignore such things.

 

The case is in the jurisdiction of the U.S. District Court, Northern District

of Illinois, Eastern Division (Address:  Chicago, IL, 60604). The case name is

U.S. v. RIGGS & NEIDORF, and the Docket number is 90-CR-70. For more

information, call the Assistant United States Attorney in charge of the case,

William J. Cook, at 312-886-7631.  The U.S. Attorney in charge in Atlanta is

Kent Alexander (404)-331-6488.

 

------------------

 

                             INFORMATION RELEASE

 

FROM: U.S. Department of Justice

DATE: February 6, 1990

 

 

IRA H. RAPHAELSON, United States Attorney for the Northern District of

Illinois, and PATRICK T. McDONNELL, Special Agent In Charge of the United

States Secret Service in Chicago, today announced the indictment of Robert J.

Riggs, 20, of {address deleted}, and Craig M. Neidorf, 19 {address deleted},

on charges that between December, 1988 and February, 1989 they entered into a

scheme to steal and publish to other hackers highly proprietary and sensitive

information about the operation of Bell South's Enhanced 911 emergency

communication system. The seven count indictment charges Riggs and Neidorf with

Interstate Transportation of Stolen Property, Wire Fraud and Violations of the

Computer Fraud and Abuse Act of 1986.

 

Specifically, the indictment charges that Riggs, also known as "Robert

Johnson" and "The Prophet", stole a copy of Bell South's highly proprietary

and closely held computer program that controlled and maintained the E911

system. Bell South's E911 system controls emergency calls to the police, fire,

ambulance and emergency services in municipalities of the nine state region

served by Bell South; Alabama, Mississippi, Georgia, Tennessee, Kentucky,

Louisiana, North Carolina, South Carolina, and Florida.  The indictment alleges

that in December 1988 Riggs stole the E911 data valued at $79,449.00 by using

a computer outside the telephone company to call into the telephone company

computer in which the computer file was stored. The indictment charges that

Riggs then transferred the E911 data to a computer bulleting board in

Lockport, Illinois from which Neidorf, also known as "Knight Lightning", down

loaded it for publication in a computer hacker publication known as "PHRACK."

The indictment charges that Riggs was a member of a closely knit group of

computer hackers known as the Legion of Doom whose members are involved in

numerous illegal activities including:

 

   *Disrupting telephone service by entering the telephone

    companies switches (which are computers) and changing

    the routing of telephone calls.

   *Stealing computer data from individuals and companies.

   *Stealing and modifying individual credit histories.

   *Fraudulently obtaining money and property from companies

    by altering information in their computers.

   *Disseminating information about attacking computers to other

    computer hackers in an effort to shift the focus of law

    enforcement agencies to those other hackers and away from the

    Legion of Doom.

 

The indictment charges that as part of their fraud scheme Riggs and Neidorf

disclosed the stolen information {reportedly PHRACK #24-eds.} about the

operation of the enhanced 911 system to other computer hackers so that they

could unlawfully access the E911 system and potentially disrupt or halt other

911 service in the United States.

 

If convicted on all counts of the indictment Riggs faces a maximum possible

prison sentence of 32 years and a maximum possible fine of $222,000.00; and

Neidorf faces a maximum possible prison sentence of 31 years and a maximum

possible fine $122,000.000.

 

In announcing the return of the indictment, Mr. Raphaelson noted that the

allegations of the indictment have far reaching implications for the health

and welfare of individuals in the United States who rely on their telephones

as a lifeline to the outside world.  Mr. Raphaelson stated, "People who invade

our telecommunications and related computer systems for profit or personal

amusement create immediate and serious consequences for the public at large.

No one should be made to suffer loss of life or severe injury as a result of

hackers who have compromised emergency networks. The telecommunications

industry and law enforcement community have become attentive to these crimes

and those who choose to use their intelligence and talent to disrupt these

vital networks will find themselves vigorously prosecuted."

 

Raphaelson stated that the indictment in Chicago and a companion indictment in

Atlanta are the initial results of a year long investigation by agents of the

United States Secret Service in Chicago, Atlanta, Indianapolis, New York, St.

Louis and Kansas City. Raphaelson further noted that pursuant to Court Orders,

technical and expert assistance was provided to the United States Secret

Service by telecommunication companies including Bell South and its

subsidiaries, Southwestern Bell, NYNEX (New York), and Bellcore. Raphaelson

particularly praised the actions of Bell South for its proactive position in

bringing their intrusion problems to the attention of law enforcement

officials and for its formation of an Intrusion Task Force to analyze and

respond to the intrusions noted in the Chicago and Atlanta indictments.

 

Assistant United States Attorney William J. Cook, who heads the Computer Fraud

and Abuse Task Force, and Assistant United States Attorney Colleen D. Coughlin

presented the case to the federal grand jury and will be trying the case in

the United States District Court in Chicago.

 

Members of the public are reminded that the indictment is only a charge and is

not evidence of guilt. The defendants are entitled to a fair trial at which

time it will be the government's burden to prove their guilt beyond a

reasonable doubt.

 

 

                 >--------=====END=====--------<

 

 

 

***************************************************

***  Pirate Magazine Issue I - 5 / File 4 of 11 ***

***  The LoD Indictment                         ***

***************************************************

 

 

 

              UNITED STATES DISTRICT COURT NORTHERN

                      DISTRICT OF ILLINOIS

                        EASTERN DIVISION

 

                               )

UNITED STATES OF AMERICA       )

                               )

          v.                   )    No. ______________________

                               )    Violations: Title 18, United

ROBERT J. RIGGS, also known    )    States Code, Sections

as Robert Johnson, also        )    1030(a)(6)(A) and 2314

known as Prophet, and          )

CRAIG NEIDORF, also known      )

as Knight Lightning            )

 

                            COUNT ONE

 

     The SPECIAL APRIL 1987 GRAND JURY charges:

 

                        PROPERTY INVOLVED

 

     1. At all times relevant herein, enhanced 911 (E911) was the

national computerized telephone service program for handling

emergency calls to the police, fire, ambulance and emergency

services in most municipalities in the United States. Dialing 911

provided the public immediate access to a municipality's Public

Safety Answering Point (PSAP) through the use of computerized all

routing. The E911 system also automatically provided the recipient

of an emergency call with the telephone number and location

identification of the emergency caller.

 

     2. At all times relevant herein, the Bell South Telephone

Company and its subsidiaries ("Bell South") provided telephone

services in the nine state area including Alabama, Mississippi,

Georgia, Tennessee, Kentucky, Lousiana {sic}, North Carolina, South

Carolina and Florida.

 

     3. At all times relevant herein, the E911 system of Bell South

was described in the text of a computerized file program known as

the Bell South Standard Practice 660-225-104SV Control Office

 

                              - 1 -

 

Administration of Enhanced 911 Services for Special and Major

Account Centers date March, 1988 ("E911 Practice"). The E911

Practice was a highly proprietary and closely held computerized

text file belonging to the Bell South Telephone Company and stored

on the company's AIMSX computer in Atlanta, Georgia. The E911

Practice described the computerized control and maintainence {sic}

of the E911 system and carried warning notices that it was not to be

disclosed outside Bell South or any of its subsidiaries except

under written agreement.

 

                         COMPUTER HACKERS

 

     4. At all times relevant herein, computer hackers were

individual involved with the unauthorized access of computer

systems by various means.

 

     5. At all times relevant herein, the Legion of Doom (LOD)

was a closely knit group of computer hackers involved in:

 

          a.   Disrupting telecommunications by entering

               computerized telephone switches and changing the

               routing on the circuits of the computerized

               switches.

          b.   Stealing proprietary computer source code and

               information from companies and individuals that

               owned the code and information.

          c.   Stealing and modifying credit information on

               individuals maintained in credit bureau computers.

 

                              - 2 -

 

          d.   Fraudulently obtaining money and property from

               companies by altering the computerized information

               used by the companies.

          e.   Disseminating information with respect to their

               methods of attacking computers to other computer

               hackers in an effort to avoid the focus of law

               enforcement agencies and telecommunication security

               experts.

 

     6. At all times relevant herein ROBERT J. RIGGS, defendant

herein, was a member of the LOD.

 

     7. At all times relevant herein CRAIG NEIDORF, defendant

herein, was a publisher and editor of a computer hacker newletter

{sic} known as "PHRACK."

 

     8. At all times relevant herein, a public access computer

bulletin board system (BBS) was located in Lockport, Illinois which

provided computer storage space and electronic mail services to its

users. The Lockport BBS was also used by computer hackers as a

location for exchanging and developing software tools for computer

intrusion, and for receiving and distributing hacker tutorials and

other information.

 

                             E-MAIL

 

     9. At all times relevant herein electronic mail (e-mail) was

a computerized method for sending communications and files between

individual computers on various computer networks. Persons who

sent or received e-mail were identified by an e-mail address,

similar to a postal address. Although a person may have more than

 

                              - 3 -

 

one e-mail address, each e-mail address identified a person

uniquely. The message header of an e-mail message identified both

the sender and recipient of the e-mail message and the date the

was {sic} message sent.

 

     10. Beginning in or about September, 1988, the exact date

begin unknown to the Grand Jury, and continuing until the return

date of this indictment, at Lockport, in the Northern District of

Illinois, Eastern Division, and elsewhere,

 

                  ROBERT J. RIGGS, also known

                  as Robert Johnson, also

                  known as Prophet, and

                  CRAIG NEIDORF, also known

                  as Knight Lightning,

 

defendants herein, together with others known and unknown to the

Grand Jury, devised and intended to devise and participated in a

scheme and artifice to defraud and to obtain money and other things

of value by means of false and fraudulent pretenses and

representations, well knowing at the time that such pretenses,

representations and promises were false when made.

 

                     OBJECT OF FRAUD SCHEME

 

     11. The object of the fraud scheme was to steal the E911

Practice text file from the computers of Bell South Telephone

Company though {sic} the use of false and fraudulent pretenses and

representations and to conceal all indications that the text file

had been stolen; and to thereafter publish the information about

the E911 Practice text file in a hacker publication for

dissemination.

 

                              - 4 -

 

                    OPERATION OF FRAUD SCHEME

 

     12. It was part of the fraud scheme that the defendant NEIDORF

would and did advise the defendant RIGGS that he had assembled a

group of computer hackers for the purpose of distributing computer

information.

 

     13. It was further part of the scheme that the defendant

RIGGS would and did steal sensitive proprietary Bell South

information files including the E911 Practice text file by gaining

remote unauthorized access to computers of the Bell South Telephone

Company.

 

     14. It was further part of the scheme that the defendant

RIGGS would and did disguise and conceal the theft of the E911

Practice text file from Bell South Telephone Company by removing

all indications of his unauthorized access into Bell South

computers and by using account codes of legitimate Bell South users

to disguise his authorized use of the Bell South computer.

 

     15. It was further part of the scheme that RIGGS would and

did transfer in interstate commerce a stolen E911 Practice text

file from Atlanta, Georgia to Lockport, Illinois through the use

of an interstate computer data network.

 

     16. It was further part of the scheme that defendant RIGGS

would and did store the stolen E911 Practice text file on a

computer bulletin board system in Lockport, Illinois.

 

     17. It was further part of the scheme that defendant NEIDORF,

utilizing a computer at the University of Missouri in Columbia,

Missouri would and did receive a copy of the stolen E911 text file

 

                              - 5 -

 

from defendant RIGGS through the Lockport computer bulletin board

system through the use of an interstate computer data network.

 

     18. It was further part of the scheme that defendant NEIDORF

would and did edit and retype the E911 Practice text file at the

request of the defendant RIGGS in order to conceal the source of

the E911 Practice text file and to prepare it for publication in

a computer hacker newsletter.

 

     19. It was further part of the scheme that defendant NEIDORF

would and did transfer the stolen E911 Practice text file through

the use of an interstate computer bulletin board system

used by defendant RIGGS in Lockport, Illinois.

 

     20. It was further part of the scheme that the defendants

RIGGS and NEIDORF would publish information to other computer

hackers which could be used to gain unauthorized access to

emergency 911 computer systems in the United States and thereby

disrupt or halt 911 service in portions of the United States.

 

     22. It was further a part of the scheme that the defendants

would and did misrepresent, conceal, and hide, and cause to be

misrepresented, concealed and hidden the purposes of ane {sic} the

acts done in furtherance of the fraud scheme, and would and did use

coded language and other means to avoid detection and apprehension

 

                              - 6 -

 

by law enforcement authorities and to otherwise provide security

to the members of the fraud scheme.

 

     23. In or about December, 1988, at Lockport, in the

Northern District of Illinois, Eastern Division, and elsewhere,

 

               ROBERT J. RIGGS, also known

               as Robert Johnson, also

               known as Prophet,

 

defendant herein, for the purpose of executing the aforesaid

scheme, did knowingly transmit and cause to be transmitted by means

of a wire communication in interstate commerce certain signs,

signals and sounds, namely: a data transfer of a E911 Practice

text file from Decatur, Georgia to Lockport, Illinois.

 

     In violation of Title 18, United States Code, Section 1343.

 

                              - 7 -

 

                            COUNT TWO

 

     The SPECIAL APRIL 1987 GRAND JURY further charges:

 

     1. The Grand Jury realleges and incorporates by reference

the allegations of paragraphs 1 through 22 of Count One of this

Indictment as though fully set forth herein.

 

     2. On or about January 23, 1989, at Lockport, in the

Northern District of Illinois, Eastern Division and elsewhere,

 

                  ROBERT J. RIGGS, also known

                  as Robert Johnson, also

                  known as Prophet, and

                  CRAIG NEIDORF, also known

                  as Knight Lightning,

 

the defendants herein, for the purposes of executing the aforesaid

scheme did knowingly transmit and cause to be transmitted by means

of a wire communication in interstate commerce certain signs,

signals and sounds, namely: a data transfer of a E911 Practice

text file from Decatur, Georgia to Lockport, Illinois, an edited

and retyped E911 Practice text file from Columbia, Missouri, to

Lockport, Illinois.

 

     In violation of Title 18, United States Code, Section 1343.

 

                              - 8 -

 

                           COUNT THREE

 

     The SPECIAL APRIL 1987 GRAND JURY further charges:

 

     1. The Grand Jury realleges and incorporates by reference the

allegations of paragraphs 1 through 22 of Count One of this

indictment as though fully set forth herein.

 

     2. In or about December, 1988, at Lockport, in the Northern

District of Illinois, Easter Division, and elsewhere,

 

                  ROBERT J. RIGGS, also known

                  as Robert Johnson, also

                  known as Prophet, and

                  CRAIG NEIDORF, also known

                  as Knight Lightning,

 

defendants herein, did transport and cause to be transported in

interstate commerce from Decatur, Georgia, to Lockport, Illinois,

a computerized text file with a value of $5,000 or more, namely:

 

     A Bell South Standard Practice (BSP) 660-225-104SV- Control

     Office Administration of Enhanced 911 Services for Special

     Services and Major Account Centers dated March, 1988; valued

     at approximately $79,449.00

 

the defendants then and there knowing the same to have been stolen,

converted, and taken by fraud;

 

     In violation of Title 18, United States Code, Section 2314.

 

                              - 9 -

 

                           COUNT FOUR

 

     The SPECIAL APRIL 1987 GRAND JURY further charges:

 

     1. The Grand Jury realleges and incorporates by reference the

allegations of paragraphs 1 through 22 of Count one of this

Indictment as though fully set forth herein.

 

     2. On or about January 23, 1989, at Lockport, in the Northern

District of Illinois, Eastern Division, and elsewhere,

 

                  ROBERT J. RIGGS, also known

                  as Robert Johnson, also

                  known as Prophet, and

                  CRAIG NEIDORF, also known

                  as Knight Lightning,

 

defendants herein, did transport and cause to be transported in

interstate commerce from Columbia, Missouri, to Lockport, Illinois,

a computerized textfile with a value of $5,000 or more, namely:

 

          An edited Bell South Standard Practice (BSP) 660-225-

          104SV- Control Office Administration of Enhanced 911

          Services for Special Services and Major Account Centers

          dated March, 1988; valued at approximately $79,449.00.

 

the defendants, then and there knowing the same to have been

stolen, converted, and taken by fraud;

 

     In violation of Title 18, United States Code, Section 2314.

 

                             - 10 -

 

                           COUNT FIVE

 

     The SPECIAL APRIL 1987 GRAND JURY further charges:

 

     1. The Grand Jury realleges and incorporates by reference

the allegations of paragraphs 1 through 22 of Count One of this

Indictment as though fully set forth herein.

 

     2. On or about December, 1988, at Lockport, in the

Northern District of Illinois, Eastern Division and elsewhere,

 

                  ROBERT J. RIGGS, also known

                  as Robert Johnson, also

                  known as Prophet, and

                  CRAIG NEIDORF, also known

                  as Knight Lightning,

 

the defendants herein, knowingly and with intent to defraud, trafficked

in information through which a computer may be accessed without

authorization and by such conduct affected interstate commerce;

 

     In violation of Title 18, United States Code, Section

1030(a)(6)(A).

 

                             - 11 -

 

                            COUNT SIX

 

     The SPECIAL APRIL 1987 GRAND JURY further charges:

 

     1. The Grand Jury realleges and incorporates by reference

the allegations of paragraphs 1 through 22 of Count One of this

Indictment as though fully set forth herein.

 

     2. In or about January, 1989, at Lockport, in the Northern

District of Illinois, Eastern Division and elsewhere,

 

                  ROBERT J. RIGGS, also known

                  as Robert Johnson, also

                  known as Prophet, and

                  CRAIG NEIDORF, also known

                  as Knight Lightning,

 

the defendants herein, knowingly and with intend to defraud, trafficked

in information through which a computer may be accessed without

authorization and by such conduct affected interstate commerce;

 

     In violation of Title 18, United States Code, Section

1030(a)(6)(A).

 

                             - 12 -

 

                           COUNT SEVEN

 

     The SPECIAL APRIL 1987 GRAND JURY further charges:

 

     1. The Grand Jury realleges and incorporates by reference the

allegations of paragraphs 1 through 22 of Count One of this

Indictment as though fully set forth herein.

 

     2. In or about February, 1989, at Lockport, in the Northern

District of Illinois, Eastern Division and elsewhere,

 

                  ROBERT J. RIGGS, also known

                  as Robert Johnson, also

                  known as Prophet, and

                  CRAIG NEIDORF, also known

                  as Knight Lightning,

 

the defendants herein, knowingly and with intent to defraud, trafficked

in information through which a computer may be accessed without

authorization and by such conduct affected interstate commerce;

 

     In violation of Title 18, United States Code, Section

1030(a)(6)(A).

 

 

                                A TRUE BILL:

 

 

 

                                ________________________________

                                F O R E P E R S O N

 

 

 

________________________________

UNITED STATES ATTORNEY

 

 

                             - 13 -

 

                 >--------=====END=====--------<

 

 

 

***************************************************

***  Pirate Magazine Issue I - 5 / File 5 of 11 ***

***  Pheds bust The Mentor                      ***

***************************************************

 

 

Apparently, just operating a BBS can rankle the pheds!  The Mentor, operator

of one of the best information BBSs around, was busted and charges that remain

obscure. Here's what happened (courtesy of an anonymous contributor):

 

-----------------

>From: mosley@peyote.cactus.org (Bob Mosley III)

Newsgroups: comp.dcom.telecom

Subject: Austin, TX BBS Shut Down From Joinet Bust Fallout

Message-ID: <4723@accuvax.nwu.edu>

Date: 4 Mar 90 17:22:26 GMT

 

This hit most BBS's in the Austin area on Thursday. It's believed the bust

came down Wednesday morning. In a nutshell, here's what happened:

 

Wednesday morning, Feb. 28, the offices of Steve Jackson Games, inc., were

raided by FBI and Secret Service officials. The establishment was shut down,

and all computer systems, including the Illuminati BBS, were confiscated.

 

At that time, a 'retired' member of the LoD, who was identified as 'The

Mentor' was arrested. The charges reportedly are related to the recent 911

bust that has shut down Jolnet and ATTATC (or whatever Killer used to be

called). His home system was confiscated, complete with an entire collection

of "Phrack" issues and related paraphanalia.

 

As of this writing, the Mentor is reportedly out on bail, sans system and

network connection. The Illuminati BBS is still down, although SJ Games is

back in operation, and no charges have been filed against any of the employees

other than The Mentor. The systems owned by SJ Games have not been returned as

of this writing.

 

Finally, rumors were trickling in early this morning (Saturday, 3/4) that two

BBS's in Dallas, three in Houston, and one in San Antonio were busted by the

same authorites in relation to the same case.

 

[in light of the Mentor's posted defense of the LoD, I kinda thought you'd

like to see this one! - OM]

 

News is that Illuminati BBS, a system run by a company named Steve Jackson

Games somewhere in Texas, was also shut down and its equipment seized by the

federal government because two suspected Legion of Doom members were among its

users.

 

..I've just gotten a new update on the Mentor's recent apprehension by the

Feds. Thought you might like to hear something as close to as direct from the

Mentor as possible under the circumstances.

 

   From: Daneel Olivaw #96 @5283 Date: Sun Mar 04 19:55:28 1990

 

I'll have to play the Mentor for now (with permission granted).

 

If you haven't heard the rumors, here is the truth.

 

The Mentor was awakened at 6:30am on Thursday (3/1/90) with the gun of a

Secret Service agent pointed at his head.  The SS proceded to search and seize

for the next 4 1/2 hours.  Things taken include an AT with 80mb HD, HP

LaserJet II, various documents, and other things.  They then proceded to raid

his office at work, and sieze the computer and laser printer there.  Lost in

the shuffle was a complete novel (being written and due in 2 weeks), and

various other things.

 

Across town: Those of you who know Erik Bloodaxe, he was also awakened, and

his house searched.

 

Neither have been charged with anything, but they expect to at least be called

as witnesses at the case of the Phrack Boys (Knight Lightning and Tarren King)

in Chicago April 15.

 

Apparently, they did a shoddy job, as they tagged a book that Mentor had

borrowed from me (Quarterman's "The Matrix"), and then forgot to take it, oh

well....

 

It ain't lookin so lovely.  Also the UT computer systes are under *VERY* close

watch, as they were/are being hacked on by hackers around the world, including

some in Australia, and England.

 

                                                        OM

 

 

                       >--------=====END=====--------<

 

 

 

***************************************************

***  Pirate Magazine Issue I - 5 / File 6 of 11 ***

***  Feds Hassle Employers                      ***

***************************************************

 

 

The following buffered file was captured from ILLUMINATI BBS, a legitimate,

above board, business BBS in Texas. It belonged to Steve Jackson, who runs a

business for writing computer games.  An employee worked there who was

investigated by the Secret Service. The employee was "visited" at his home at

6:30 in the morning, his equipment was confiscated, and then the pheds went to

his place of employment, Steve Jackson Games, and confiscated some *BUSINESS

EQUIPMENT* "just in case." Although it is not clear what the employee had

done, his "evil vibes" may have spread, so off went the pheds with the

equipment after closing the shop for over half a day! We reprint this because,

in the CURRENT WITCH HUNT FOR COMPUTER UNDERGROUND MEMBERS, the lesson is:

 

   IT CAN HAPPEN TO YOU!!

 

-----------------------

 

 

            ------- start of text from Illuminati BBS -------

 

 NOTE! WE RECOMMEND YOU OPEN YOUR CAPTURE BUFFER AS YOU READ THE

 FOLLOWING INFORMATION, OR AT LEAST BE READY TO USE ^S AND ^Q TO

 STOP THE SCROLLING AS YOU READ.

 

 PRESS RETURN:

 

 

   GREETINGS, MORTAL! YOU HAVE ENTERED

      THE SECRET COMPUTER SYSTEM OF

 

 

                   /\

                  /  \

                 / () \

                / ____ \

               / /    \ \

              /__________\

 

 

              THE ILLUMINATI

      FRONTED BY STEVE JACKSON GAMES

 INCORPORATED. ALL RIGHTS RESERVED. FNORD

 

 NOTE! AT THE MOMENT ILLUMINATI IS AN READ-ONLY SYSTEM. READ THE

INFORMATION BELOW TO FIND OUT WHY. USING THE SPACE BAR WILL LOG YOU

OFF. YOU CAN STOP THE SCROLLING AT ANY TIME WITH A CONTROL-S.

CONTROL-Q WILL RESUME THE SCROLLING.

 

YOU MAY HAVE NOTICED THAT OUR CORPORATE MASCOT, WHO USUALLY GREETS OUR

CALLERS WITH A CHEERFUL SMILE, IS FROWNING TODAY. I THINK YOU'LL AGREE

HE HAS EVERY RIGHT TO.

 

BEFORE THE START OF WORK ON MARCH 1, STEVE JACKSON GAMES WAS VISITED

BY AGENTS OF THE UNITED STATES SECRET SERVICE. THEY SEARCHED THE

BUILDING THOROUGHLY, TORE OPEN SEVERAL BOXES IN THE WAREHOUSE, BROKE A

FEW LOCKS AND DAMAGED A COUPLE OF FILING CABINETS (WHICH WE WOULD

GLADLY HAVE LET THEM EXAMINE, HAD THEY LET US INTO THE BUILDING),

ANSWERED THE PHONE DISCOURTEOUSLY AT BEST, PROBABLY ATE A FEW OF THE

ORANGE SLICES THAT WERE ON FEARLESS LEADER'S DESK (WHICH THEY WERE

WELCOME TO, BY THE WAY), AND CONFISCATED SOME COMPUTER EQUIPMENT,

INCLUDING THE COMPUTER THAT THE BBS WAS RUNNING ON AT THE TIME.

 

SO FAR WE HAVE NOT RECEIVED A CLEAR EXPLANATION OF WHAT THE SECRET

SERVICE WAS LOOKING FOR, WHAT THEY EXPECTED TO FIND, OR MUCH OF

ANYTHING ELSE. WE ARE FAIRLY CERTAIN THAT STEVE JACKSON GAMES IS NOT

THE TARGET OF WHATEVER INVESTIGATION IS BEING CONDUCTED; IN ANY

CASE, WE HAVE DONE NOTHING ILLEGAL AND HAVE NOTHING WHATSOEVER TO

HIDE. HOWEVER, THE EQUIPMENT THAT WAS SEIZED IS APPARENTLY CONSIDERED

TO BE EVIDENCE IN WHATEVER THEY'RE INVESTIGATING, SO WE AREN'T LIKELY

TO GET IT BACK ANY TIME SOON. IT COULD BE A MONTH, IT COULD BE NEVER.

 

IN THE MEANTIME, FEARLESS HAS LOANED STEVE JACKSON GAMES THE APPLE SYSTEM

THE BBS RAN ON BACK IN THE OLD DAYS BEFORE JOLNET. TO MINIMIZE THE POSSI-

BILITY THAT THIS SJSTEM WILL BE CONFISCATED AS WELL, WE HAVE SET IT UP TO

DISPLAY THIS BULLETIN, AND THAT'S ALL. THERE IS NO MESSAGE BASE AT PRESENT.

WE APOLOGIZE FOR THE INCONVENIENCE, AND WE WISH WE DARED DO MORE THAN

THIS. HOWEVER, WE AGONIZED LONG AND HARD, AND DECIDED IT WAS A COURTESY TO

OUR CALLERS TO LET THEM KNOW WHAT WAS HAPPENING.

 

AT THIS POINT WE DON'T KNOW WHEN THE BBS WILL BE BACK UP FOR REAL. IF

YOU HAVE IMPORTANT INFORMATION FOR US, SUCH AS PLAYTEST NOTES, YOU CAN

MAIL THEM TO US (YEAH, I KNOW, ECCH) OR IF IT'S SOMETHING TRULY

IMPORTANT, YOU CAN REACH US AT OUR VOICE NUMBER (512-447-7866). IN THE

MEANTIME, FEARLESS WILL BE CHECKING IN ON A REGULAR BASIS ON SMOF

(512-UFO-SMOF) AND RED OCTOBER (512-834-2548).

 

IN PARTICULAR, IF YOU HAVE DOWNLOADED THE GURPS CYBERPUNK PLAYTEST

MATERIAL THAT WAS ON THE BOARD, PLEASE LET US KNOW RIGHT AWAY SO WE

CAN ARRANGE TO GET A COPY. SOME OF THAT MATERIAL WAS NOT EASILY

REPLACABLE, AND WE WOULD LIKE TO GET COPIES - IT WOULD MAKE GETTING

GURPS CYBERPUNK OUT MUCH, MUCH EASIER (AND IT WOULD COME OUT THAT MUCH

SOONER). PLEASE CALL US AND ASK TO TALK TO CREEDE OR LOYD FOR

ARRANGEMENTS.

 

THANK YOU FOR YOUR UNDERSTANDING, AND THANKS TO EVERYONE WHO HAS GIVEN

US WORDS OF ENCOURAGEMENT AND SUPPORT. WE HOPE WE'LL BE BACK ON LINE,

FULL TIME, VERY SOON.

 

 -- STEVE JACKSON GAMES AND

    THE SYSOPS OF THE ILLUMINATI BBS

 

            ------- end of text from Illuminati BBS -------

 

                 >--------=====END=====--------<

 

 

 

***************************************************

***  Pirate Magazine Issue I - 5 / File 7 of 11 ***

***  Jolnet Involvement, Part 1                 ***

***************************************************

 

 

When authorities investigated the Legion of Doom's alleged illicit activities,

they apparently were aided by JOLNET, a BBS in Lockport (near Joliet)

Illinois. Despite the cooperation, the board closed down, at least

temporarily, and some of their equipment was confiscated. The sysop reportedly

lost his job, although the details are not fully clear. The following

summarizes JOLNET's involvement and raises some scary issues.

The following is from TELECOM DIGEST (Vol 10, #166, msg 1, March 12).

 

------------

 

The operator of an Illinois computer bulletin-board system apparently helped

federal officials crack a multi-state ring of hackers now charged with

breaking into a computer system running a 911 system in the South and

distributing a highly technical on- line manual describing how to run - and

disrupt - the system.

 

Federal officials are not saying much about the investigation, except to say

it is continuing, but observers in the telecommunications field say it may be

widened to include a close look at hundreds of on-line break-ins and attempted

break-ins of computers tied to the international Usenet network since last

summer.

 

Ironically, though, the Illinois system operator had his system seized by the

government as evidence in the case. The government may also be seizing other

bulletin-board systems the hackers may have used. And that raises some

troubling questions about the protection of electronic mail and

First-Amendment rights on electronic networks.

 

Charged so far are four members of the ``Legion of Doom,'' which federal

officials allege did things such as re-programming computerized phone switches

and changing people's computerized credit ratings.

 

Federal authorities were apparently aided by Rich Andrews, operator of Jolnet,

one of a small but growing number of private systems connected to the Usenet

international computer network (itself a part of the Internet research

network).

 

In an interview with Patrick Townson, who moderates a telecommunications

conference on Usenet, Andrews says his involvement began about 18 months ago.

 

According to Townson, Andrews noticed the 911 documentation had been uploaded

to his system and promptly sent it to another Usenet-linked BBS operated by

AT&T, with a request that it be sent to the right people there.

 

Andrews acknowledged, though, that he then kept a copy of the text himself. A

few months later, AT&T contacted him, asking him for the manual, and then the

feds got in touch with him. It was then, about a year ago, Townson says, that

Andrews decided to cooperate with the feds.

 

According to Townson, Andrews said the 911 software was just ``a small part of

what this is all about...''

 

As part of the investigation, Andrews did nothing about the Legion of Doom

members allegedly using his system to pass the 911 manual back and forth and

to develop programs to crack other systems, Townson says.

 

If convicted, the alleged hackers face upwards of 30 years in jail and several

hundred thousands of dollars in fines.

 

The seizure of Andrew's system has a number of system operators worried.

Unlike phone companies, which cannot be held liable for the actions of their

subscribers, computer bulletin-board systems fall into one of those gray areas

that remain unsettled.

 

Already, Bill Kuykendall, who runs a Chicago system similar in operation to

Jolnet, has tightened up his requirements for who he will let on the system.

 

``Today, there is no law or precedent which affords me, as owner and system

administrator of The Point, the same legal rights that other common carriers

have against prosecution should some other party (you) use my property (The

Point) for illegal activities,'' he wrote in a recent message to users of his

system. ``That worries me.

 

``By comparison, AT&T cannot be held liable should someone use their phone

lines to transmit military secrets to an enemy.  Likewise, Acme Trucking is

not vulnerable to drug trafficking charges should they pull a sealed trailer

of cocaine to some destination unknowingly. Yet somehow, I am presumed to be

cognizant of the contents of every public message, mailed message, and file

upload that passes through this public access system. On a system this size,

that may be nearly a gigabyte (1+ Billion characters!) of information a year.

 

``I fully intend to explore the legal questions raised here. In my opinion,

the rights to free assembly and free speech would be threatened if the owners

of public meeting places were charged with the responsibility of policing all

conversations held in the hallways and lavatories of their facilities for

references to illegal activities.

 

``Under such laws, all privately owned meeting places would be forced out of

existence, and the right to meet and speak freely would vanish with them. The

common sense of this reasoning has not yet been applied to electronic meeting

places by the legislature. This issue must be forced, or electronic bulletin

boards will cease to exist.''

 

 

                 >--------=====END=====--------<

 

 

 

***************************************************

***  Pirate Magazine Issue I - 5 / File 8 of 11 ***

***  Jolnet Involvement, Part 2                 ***

***************************************************

 

 

Here's some more info on JOLNET and the issues involved send from a

contributor who subscribes to TELECOM DIGEST, where the LoD busts

seem to have stimulated some interest.

 

----------------------

 

Date: 27 Feb 90 08:33:51 GMT

Sender: news@accuvax.nwu.edu

Organization: TELECOM Digest

Lines: 24

Approved: Telecom@eecs.nwu.edu

X-Submissions-To: telecom@eecs.nwu.edu

X-Telecom-Digest: Volume 10, Issue 131, Message 4 of 8

 

 From what I have noted with respect to Jolnet, there was a serious

crime committed there -- by the FBI.  If they busted a system with email

on it, the Electronic Communication Privacy Act comes into play.

Everyone who had email dated less than 180 days old on the system is

entitled to sue each of the people involve in the seizure for at least

$1000 plus legal fees and court cost.  Unless, of course, the FBI did

it by the book, and got warrants to interfere with the email of all

who had accounts on the systems.

 

If they did, there are strict limits on how long they have to inform

the users.  A case of this type has been filed (just under the two

year limit) in Los Angeles Federal Court.  I have hard copy, will try

to get it typed in and see about posting it.

 

Incidentally, the entire text of the ECPA is on Portal.  The section

you want to look at is 2701-2707.  Keith Henson

 

hkhenson@cup.portal.com

 

[Moderator's Note: From what I have heard, there were serious crimes

committed there alright.... and the feds had their papers in order.

I'm rather sure they will observe the law.   PT]

 

----------------------------------------------------------------------

 

>From: Chip Rosenthal <chip@chinacat.lonestar.org>

Subject: Re: AT&T Sourcecode: Poison!

Date: 3 Mar 90 00:00:00 GMT

Organization: Unicom Systems Development, Austin (yay!)

 

[Moderator's Note: Original date of 2/25 changed to prevent premature

expiration.  PT]

 

You've got a lot of nerve, Patrick.

 

telecom@eecs.nwu.edu (TELECOM Moderator) writes:

 

>We're told by a deep-throat type that AT&T is on the war path about

>their software [...] Like jolnet, netsys went down abruptly, with

>*everything* confiscated [...] Now comes news that attcdc [sic], formerly

>known as killer went off line in a hurry.....

 

Yessir, after all your complaints about that about anonymous Legion of

Doom message, this is a really crummy thing to post.  Based upon

unattributed conversations, you imply that Len Rose and Charlie Boykin

were involved in wrongdoing which lead to the shutdown of their

systems.

 

I don't know Len personally, but have had uucp connections with him in

the past.  Charlie, on the other hand, I do know personally.  He is

very well regarded in the Dallas/Fort Worth area, and was voted "1989

DFW Administrator of the Year" by the DFW lunch-bunch...errr....DFW

Association of Unix System Administrators.

 

You have cast some crummy aspersions towards these guys.  Since I know

them, I will wait for the facts to come in.  Others who don't know

them could very well jump to conclusions on the basis of this posting.

 

Was this message really called for?

 

Chip Rosenthal                            |  Yes, you're a happy man and you're

chip@chinacat.Lonestar.ORG                |  a lucky man, but are you a smart

Unicom Systems Development, 512-482-8260  |  man?  -David Bromberg

 

------------------------------

 

Date: Wed, 28 Feb 90 21:38:39 EST

>From: Mike Riddle <Mike.Riddle@p6.f666.n5010.z1.fidonet.org>

Subject: Jolnet Seizure

Reply-to: Mike.Riddle@p6.f666.n285.z1.fidonet.org

Organization: DRBBS Technical BBS, Omaha, Ne. 402-896-3537

 

Has anyone tried a novel legal approach to the case of equipment

seizure as "evidence"?  As I remember the Electronic Communications

Privacy Act, it contains specific procedures for authorities to obtain

copies/listings of data on a system (which system may have been used

for illegal purposes, but whose operator is not at the moment

charged).  From this I think a creative attorney could construct an

argument that the national policy was not to seize equipment, merely

to obtain all the information contained therein.  After all, it's the

data that caused any harm.

 

Also, the Federal Rules of Evidence, and most state rules, provide

that computer generated copies are "originals" for evidentiary

purposes.

 

I hope that someone close enough to the scene can keep us informed

about what is happening on this one.

 

{standard disclaimer goes here--don't pay any attention to me!}

 

------------------------------

 

>From: brooney@sirius.uvic.ca

Subject: Article Regarding JOLNET/e911/LoD/Phrack

 

The following is an article I received five days ago which contains, to my

knowledge, information as yet unpublished in comp.dcom.telecom regarding the

ongoing JOLNET/e911/LoD discussion.  It was printed in a weekly magazine

with a publishing date of Feb. 27 but other than that I have no exact idea

of when the events mentioned herein took place.

 

 - Ben Rooney

 

 MISSOURI STUDENT PLEADS INNOCENT IN 911 SYSTEM INTRUSION CASE

 

 Craig Neidorf, a 19-year-old University of Missouri student, has

pleaded not guilty to federal allegations that he invaded the 911

emergency phone network for 9 states.

 

 As reported earlier, he was indicted this month along with Robert J.

Riggs, 20, of Decatur, Ga.  Both are charged with interstate

transportation of stolen property, wire fraud, and violations of the

federal Computer Fraud and Abuse Act of 1986.

 

 Prosecutors contend the two used computers to enter the 911 system of

Atlanta's Bell South, then copied the program that controls and

maintains the system.  The stolen material later allegedly was

published on a computer bulletin board system operating in the Chicago

suburb of Lockport.  Authorities contend Neidorf edited the data for

an electronic publication known as "Phrack."

 

 According to Associated Press writer Sarah Nordgren, in a recent

hearing on the case Assistant U.S. Attorney William Cook was granted a

motion to prevent the 911 program from becoming part of the public

record during the trial.  U.S. District Judge Nicholas Bua set April

16 for a trial.

 

 The 911 system in question controls emergency calls to police, fire,

ambulance and emergency services in cities in Alabama, Mississippi,

Georgia, Tennessee, Kentucky, Louisiana, North Carolina, South

Carolina and Florida.

 

                ---------------------------------------

          Article from "A Networker's Journal" by Charles Bowen.

                    Info-Mat Magazine (Vol. 6, No. 2)

 

[Moderator's Note: {Info-Mat Magazine}, by the way, is the excellent

electronic journal distributed on many BBS machines throughout the

United States who are fortunate enough to be accepted as part of the

magazine's distribution network.  I personally wish it was distributed

on Usenet as well: it is well written and very informative.   PT]

 

------------------------------

 

Date: Sat, 3 Mar 90 19:34:54 CST

>From: TELECOM Moderator <telecom@eecs.nwu.edu>

Subject: A Conversation With Rich Andrews

 

 

After the first articles appeared here relating to the seizure of

Jolnet, and the indictment of some people for their part in the theft

of '911 software', I got various messages from other folks in

response. Some were published, while others were just personal

correspondence to me. One from Chip Rosenthal was held over, and is

included in this special issue today.

 

One writer, whose comments were attributed to 'Deep Throat' spent some

time on two occassions on the phone, in a conference call between

himself, David Tamkin and myself.

 

What was lacking in the several messages which appeared over the past

week were comments from Rich Andrews, system administrator of Jolnet.

I got one note from someone in Canada who said Andrews wanted to speak

with me, and giving a phone number where I could call Andrews at his

place of employment.

 

I put in a call there, with David Tamkin on the other line and had a

long discussion with Andrews, who was aware of David being on the line

with me.  I asked Andrews if he had any sort of net access available

to him at all -- even a terminal and modem, plus an account on some

site which could forward his mail to telecom. You see, I thought, and

still think it is extremely important to include Rich Andrews in any

discussion here.

 

He assured me he did have an account on a Chicago area machine, and

that a reply would be forthcoming within hours. I had a second

conversation with him the next morning, but without David on the line.

He again told me he would have a response to the several articles

written in the Digest ready and in the email 'very soon'.  This was on

Wednesday morning, and we estimated his message would be here sometime

later in the day -- certainly by midnight or so, when I am typically

working up an issue of the Digest.

 

Midnight came and went with no message. None showed up Thursday or

Friday.  I deliberatly withheld saying anything further in the hopes

his reply would be here to include at the same time. I guess at this

point we have to go on without him.

 

When David Tamkin and I talked to him the first time, on Tuesday

evening this past week, the first thing Andrews said to us, after the

usual opening greetings and chitchat was,

 

 "I've been cooperating with them for over a year now. I assume you

know that."

 

We asked him to define 'them'.  His response was that 'them' was the

United States Secret Service, and the Federal Bureau of Investigation.

He said this without us even asking him if he was doing so.

 

We asked him to tell us about the raid on his home early in February.

He said the agents showed up that Saturday afternoon with a warrant,

and took everything away as 'evidence' to be used in a criminal

prosecution.

 

ME> "If you have been working and cooperating with them for this long,

why did they take your stuff?"

 

RA> "They wanted to be sure it would be safe, and that nothing would be

destroyed."

 

ME> "But if you wanted to simply keep files safe, you could have taken

Jolnet off line for a few weeks/months by unplugging the modems from

the phone jacks, no? Then, plugged in a line when you wanted to call

or have a trusted person call you."

 

RA> "They thought it was better to take it all with them. It was mostly

for appearance sake. They are not charging me with anything."

 

ME> "Seems like a funny way to treat a cooperative citizen, at least

one who is not in some deep mess himself."

 

He admitted to us that several crackers had accounts on Jolnet, with

his knowledge and consent, and that it was all part of the investigation

going on ... the investigation he was cooperating in.

 

Here is how he told the tale of the '911 software':

 

The software showed up on his system one day, almost two years ago. It

came to him from netsys, where Len Rose was the sysadmin. According to

Andrews, when he saw this file, and realized what it was, he knew the

thing to do was to 'get it to the proper authorities as soon as

possible', so he chose to do that by transferring it to the machine

then known as killer, a/k/a attctc, where Charlie Boykin was the

sysadmin.

 

Andrews said he sent it to Boykin with a request that Boykin pass it

along to the proper people at AT&T.

 

ME> "After you passed it along to Boykin, did you then destroy the

file and get it off your site?"

 

RA> "Well, no... I kept a copy also."

 

ME> "Did Charlie Boykin pass it along to AT&T as you had requested?"

 

RA> "I assume he did."

 

But then, said Andrews, a funny thing happened several months later.

The folks at AT&T, instead of being grateful for the return of their

software came back to Andrews to (in his words) 'ask for it again.'

Somehow, they either never got it the first time; got it but suspected

there were still copies of it out; or were just plain confused.

 

So he was contacted by the feds about a year ago, and it was at that

point he decided it was in his best interest to cooperate with any

investigation going on.

 

Andrews pointed out that the '911 software' was really just ".... a

small part of what this is all about..."  He said there was other

proprietary information going around that should not be circulating.

He said also the feds were particularly concerned by the large number

of break-ins on computers which had occurred in the past year or so.

He said there have been literally "....thousands of attempts to break

into sites in the past year....", and part of his cooperation with the

authorities at this time dealt with information on that part of it.

 

We asked him about killer/attctc:

 

ME> "You knew of course that killer went off line very abruptly about

a week ago. What caused that? It happened a week or so after the feds

raided you that Saturday."

 

RA> "Well the official reason given by AT&T was lack of funds, but you

know how that goes...."

 

Now you'd think, wouldn't you, that if it was a funding problem -- if

you can imagine AT&T not having the loose change in its corporate

pocket it took to provide electrical power and phone lines to attctc

(Charlie got no salary for running it) -- that at least an orderly

transition would have taken place; i.e. an announcement to the net; an

opportunity to distribute new maps for mail and news distribution,

etc; and some forthcoming shut down date -- let's say March 1, or

April 1, or the end of the fiscal year, or something....

 

But oh, no...  crash boom, one day it is up, the next day it is gone.

 

ME> "What do you know about the temporary suspension of killer some

time ago? What was that all about?"

 

RA> "It was a security thing. AT&T Security was investigating Charlie

and some of the users then."

 

Andrews referred to the previous shutdown of killer as 'a real blunder

by AT&T', but it is unclear to me why he feels that way.

 

We concluded our conversation by Andrews noting that "there is a lot

happening out there right now."

 

He said the [Phrack] magazine distribution, via netsys, attctc and

jolnet was under close review. "One way to get them (crackers) is by

shutting down the sites they use to distribute stuff..."

 

And now, dear reader, you know everything I know on the subject. Well,

almost everything, anyway....

 

 From other sources we know that Len Rose of netsys was in deep

trouble with the law *before* this latest scandal.  How deep? Like he

was ready to leave the country and go to the other side of the world

maybe?  Like he was in his car driving on the expressway when they

pulled him over, stopped the car and placed him under arrest?  Deep

enough? This latest thing simply compounded his legal problems.

 

 

Patrick Townson

 

                       >--------=====END=====--------<

 

 

 

***************************************************

***  Pirate Magazine Issue I - 5 / File 9 of 11 ***

***  E-Mail victims counter-sue the pheds       ***

***************************************************

 

 

The legal status of electronic mail is in limbo. It's not totally clear what

consitutes protected "mail" and what doesn't.  Because of lack of case law for

precendent or statutory law to guarantee protections of Constitutional rights,

agents seem to feel free to confiscate *and violate* rights first and ask

questions later, as the above files indicate. Nonetheless, not everybody is

passively submitting to these violations. The following is reprinted from

TELECOM DIGEST, Vol 10, #164 (msg 1) from March 12, 1990. It is a suit against

law enforcement agents who confiscated E-mail. We wish the plaintiffs the best

of luck. If they win, there is hope. If they lose, we come closer to 1984 as

time passes.

 

-------------

 

CHRISTOPHER ASHWORTH, A Member of

GARFIELD, TEPPER, ASHWORTH & EPSTEIN

1925 Century Part East, Suite 1250

Los Angeles, California  90067

Telephone: (213) 277-1981

 

Attorneys For Plaintiffs

 

UNITED STATES DISTRICT COURT

FOR THE CENTRAL DISTRICT OF CALIFORNIA

 

Case NO. SA CV90-021 JSL (RwRx)

 

COMPLAINT FOR

DECLARATORY RELIEF

AND DAMAGES

(Electronic

Communications Privacy

Act of 1986;

18 U.S.C. Section 2701,

et seq.)

 

 

H. KEITH HENSON, HUGH L. HIXON,

JR., THOMAS K. DONALDSON, NAOMI

REYNOLDS, ROGER GREGORY, MICHAEL G.

FEDEROWITCZ, STEVEN B. HARRIS,

BRIAN WOWK, ERIC GEISLINGER,

CATH WOOF, BILLY H. SEIDEL,

ALLEN J. LOPP, LEE CORBIN

RALPH MERKEL, AND KEITH LOFTSTROM

 

                    Plaintiffs,

 

     v.

 

RAYMOND CARRILLO, SCOTT HILL,

DAN CUPIDO, ALAN KUNZMAN, ROWE

WORTHINGTON, RICHARD BOGAN,

REAGAN SCHMALZ, GROVER TRASK, II,

ROBERT SPITZER, LINFORD L.

RICHARDSON, GUY PORTILLO,

individuals, and the COUNTY OF

RIVERSIDE, a subdivision of the

State of CAlifornia, And the CITY

OF RIVERSIDE, a municipal entity,

and DOES 1 through 100 inclusive,

               Defendants.

 

          Plaintiffs complain of defendants as follows:

                       JURISDICTIONAL ALLEGATION

 

          1.   This case arises under an Act of Congress, namely

the Electronic Communication Privacy Act of 1986; U.S.C. Section

2701, et Seq., and in particular, the civil enforcement

Provisions thereof, 18 U.S.C. Section 2707.   Venue is proper in this

Court in that all of the defendants reside in this district.

 

                   COMMON ALLEGATIONS

 

           2.    Plaintiffs are all individuals residing in

various point and places in the United States.  [except Brian

Wowk who resides in Canada.]

           3.   Defendants Carillo, Hill, Cupido, Kuntzman,

Worthington, Bogan, Schmalz, Trask, Spitzer, Hinman and Mosley

are all employees of defendant County of Riverside, and at all

times material, were acting within the course and scope of their

employment.  Defendants Richardson and Portillo are all

employees of defendant City of Riverside and at all times

material, were acting within the course and scope of their

employment.  Defendant County of Riverside ["county'] is a

political subdivision of the State of California.  Defendant

City of Riverside ["city'] is a municipal entity located within

California.

          Defendants Carillo, Hill, Cupido, Kuntzman,

Worthington, Bogan, and Schmalz are employed by defendant County

in the Office of the Riverside County Coroner.  Defendants

Trask, Spitzer, Hinman and Mosley are employed by the said

county in the office of the District Attorney,  Defendants

Richardson and Portillo are employed by defendant City in the

Riverside Police Department.

 

                      -------------------

 

          4.   All of the events complained of herein occurred

within two years of the date of filing of the complaint.

               At all times material, Alcor Life Extension

Foundation, a non-Profit corporation with its principal place of

business in Riverside County, maintained facilities at its place

of business whose purpose was to (in part) facilitate the

sending and receipt of electronic mail ["E-mail"] via computer-

driven modems and which electronic mail facility was utilized by

the plaintiffs, and each of them.  The Alcor Facility is remote in

geographical location from all plaintiffs.

          5.   At all times material, each plaintiff had one or

more E-mail messages abiding on electron or magnetic medial at

the Alcor facility.  Prior to [actually on] January 12, 1988, defendants

procured from the Riverside Superior Court a search warrant

which authorized, in general, a search of the facilities of

Alcor.  A true and correct copy of that search warrant is

attached hereto and marked Exhibit "A".  The search warrant does

not purport to reach, nor was it intended to reach, any of the

E-mail of plaintiffs.

          6.   On January 12, 1988, defendant entered upon the

Alcor premisses and removed many things therefrom including the

electronic media containing plaintiffs' E-mail.

          7.   Contemporaneously with the seizure of the

electronic media containing plaintiffs' E-mail, defendants were

explicitly informed that they were seizing plaintiffs' E-mail

which was not described either generally or specifically in the

warrant hereinabove referred to.

 

                        --------------

 

          8.   No notice was given to any plaintiff by any

defendant of the impending seizure of their E-mail.

          9.   In the process of procuring the warrant, neither

the defendants nor anyone else made any showing that there

was reason to believe that the contents of any of plaintiffs' E-

mail was relevant to any law enforcement inquiry.

          10.   Subsequent to the execution of the warrant on

January 12, 1988, no notice was given to any plaintiff by any

government entity, including the defendants, nor any

defendant herein, at any time, regarding the defendants

acquisition and retention of plaintiffs' E-mail.

          11.   The court issuing the warrant in respect of the

Alcor facility did not, prior to the issuance of the warrant nor

at any other time, determine that notice to plaintiffs

compromised any legitimate investigation within the meaning of 18

U.S.C.  section 2705(a)(2).

          12.   Not withstanding that defendant and each of them

were informed that they had taken, along with materials

describe in the warrant, E-mall belonging to plaintiffs, said

defendants knowingly and willfully (a) continued to access the

electronic and magnetic media containing plaintiffs' E-mail and

(b) continued to deny access to plaintiffs to such E-mail for

many months although a demand was made for the return of the

said E-mail.  Defendants' wrongful access to and retention of

plaintiffs' E-mail was intentional within the meaning of 18

U.S.C. section 2707.

 

                        --------------

 

          13.   Proximately caused by the unprivileged actions of

the defendants hereinbefore described, each plaintiff has

suffered damage in an amount to be proved at trial, but in no

event less than $10,000 each.

          WHEREFORE plaintiffs pray:

        1.   For damages according to proof;

        2.   For cost of suit;

        3.   For Attorneys' fees pursuant to 18 U.S.C.

section 2707(b)(3);  and

        4.   For such other and further relief as is required

in the circumstances.

 

Date:  January 11, 1990

 

 

GARFIELD, TEPPER, ASHWORTH, AND EPSTEIN

A Professional Corporation

 

(signed)

CHRISTOPHER ASHWORTH

Attorneys for Plaintiffs

 

                              --------------

 

Exhibit "A"

 

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA

SEARCH WARRANT

 

To any Sheriff, Police Officer, Marshal or Peace Officer

in the County of Riverside.

 

Proof, by sworn statement, having been made this day

to me by Alan Kunzman and it appearing that there is

probable cause to believe that at the place and on the

persons and in the vehicle(s) set forth herein there

is now being concealed property which is:

 

____  stolen or embezzled property

__x__ property and things used to commit a felony

__x__ property possessed (or being concealed by another)

           with intent to commit a public offense

__x__ property tending to show a felony was committed;

          YOU ARE THEREFORE COMMANDED TO SEARCH :  the

          premises located at

 

   [description of Alcor address at 12327 Doherty St.]

 

including all rooms attics, basements, storage areas, and

other parts therein, garages, grounds and outbuilding and

appurtenances to said premises; vehicles(s) described as

follows:

(not applicable)

and the persons of (not applicable)

for the following property:

 

1.  All electronic storage devices, capable of storing,

electronic data regarding the above records,

including magnetic tapes, disc, (floppy or hard),

and the complete hardware necessary to retrieve

electronic data including CPU (Central Processing

Unit), CRT (viewing screen, disc or tape drives(s),

printer, software and service manual for operation

of the said computer, together with all handwritten

notes or printed material describing the

operation of the computers  (see exhibit A - search

warrant no.,  1 property to be seized #1)

 

2.  Human body parts identifiable or belonging to

the deceased, Dora Kent.

 

3.  Narcotics, controlled substances and other

drugs subject to regulation by the Drug

Enforcement Administration.

 

 

4.  Article of personal property tending to establish the identity

of person in control of premise, vehicle, storage areas,

and containers being searched, including utility company

receipts, rent receipts, address envelopes and keys and to

SEIZE it if found and bring it forthwith before me or

this court at the courthouse of this court.

    Good cause being shown this warrant my be served at any

time of the day or night as approve by my initials_________

 

Time of issuance _______    Time of execution __1600__

Given under my hand and dated this 12th day of January 1988

Thomas E. Hollenhorst  Judge of the Superior Court

 

                            -------------

 

 

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

 

 

H. KEITH HENSON, see attachment "A"

                          PLAINTIFF(S)

 

         vs.

 

RAYMOND CARRILLO,  see attachment "A"

                      DEFENDANTS(S)

 

CASE NUMBER

 

SA CV- 90-021  JSL Rw Rx

 

SUMMONS

 

                -----------------------------------------------

 

TO THE ABOVE NAMED DEFENDANT(S), your are hereby summoned and required to

file with this court and serve upon

         Christopher Ashworth, Esq.

         GARFIELD, TEPPER, ASHWORTH & EPSTEIN

         A Professional Corporation

 

Plaintiff's attorney, whose address is:

 

        1925 Century Park East, Suite 1250

        Los Angeles, California   90067

        (213)  277-1981

 

an answer to the complaint which is herewith serve upon you

within __20__ days after service of this summons upon you, exclusive

of the day of service.  If you fail to do so, judgment by default

will be taken against you for the relief demanded in the complaint.

 

Date   Jan. 11, 1990

 

CLERK, U.S. DISTRICT COURT

 

By  MARIA CORTEZ

     Deputy Clerk

 (SEAL OF THE COURT)

 

                 >--------=====END=====--------<

 

 

 

***************************************************

***  Pirate Magazine Issue I - 5 / File 10 of 11***

***  Hacker Chases Hacker Chasers               ***

***************************************************

 

 

 

From: RISKS-FORUM Digest  Wednesday 21 March 1990   Volume 9 : Issue 77

 

------------------------------

 

Date: 21 Mar 90 10:30:41

From: John Markoff via PGN (excerpted) <neumann@csl.sri.com>

Subject: Internet Intruders

 

SELF-PROCLAIMED `HACKER' SENDS MESSAGE TO CRITICS

By JOHN MARKOFF, c.1990 N.Y. Times News Service

 

   A man identifying himself as the intruder who illegally penetrated part of a

nationwide computer linkup said Tuesday that he had done so to taunt computer

security specialists who have denounced activities like his.  His assertion

came in a telephone call to The New York Times on Tuesday afternoon.  The man

identified himself only as an Australian named Dave, and his account could not

be confirmed.  But he offered a multitude of details about various electronic

break-ins in recent months that were corroborated by several targets of the

intruder.  He said he was calling from outside the United States, but that

could not be verified.

 

   Federal investigators have said that in recent months the intruder has

illegally entered computers at dozens of institutions in a nationwide network,

the Internet.  Once inside the computers, they said, the intruder stole lists

of the passwords that allow users to enter the system and then erased files to

conceal himself.   [...]

 

   Investigators in the new Internet case said the federal authorities in

Chicago were close to finding the intruder and several associates.  The U.S.

attorney's office in Chicago refused to confirm that assertion.  The

investigators said that in some cases the intruder might have used a program

that scanned the network for computers that were vulnerable.

 

   In his telephone call to The Times on Tuesday, the man said he had broad

access to U.S. computer systems because of security flaws in those machines.

As a self-proclaimed computer hacker, he said, he decided to break in to the

computer security experts' systems as a challenge.  Among the targets of the

recent attacks were Clifford Stoll, a computer system manager at the

Smithsonian Astronomical Observatory at Harvard University, and Eugene

Spafford, a computer scientist who specializes in computer security issues at

Purdue University.  The caller said he was upset by Stoll's portrayal of

intruders in a new book, ``The Cuckoo's Egg.''  ``I was angry at his

description of a lot of people,'' the caller said.  ``He was going on about how

he hates all hackers, and he gave pretty much of a one-sided view of who

hackers are.''

 

   Several days ago the intruder illegally entered a computer Stoll manages at

Harvard University and changed a standard welcome message to read: ``Have Cliff

read his mail. The cuckoo has egg on his face. Anonymous.''  The caller

explained in detail his techniques for illegally entering computer systems.  He

gave information about Stoll's and Spafford's computer systems that matched

details they were familiar with.

 

   And he described a break-in at an external computer that links different

networks at Digital Equipment Corp.  A spokeswoman for the company confirmed

that a machine had been entered in the manner the caller described.  But the

caller was not able to penetrate more secure Digital computers, she said.

 

   The caller said he had intended to tease the security experts but not to

damage the systems he entered.  ``It used to be the security guys chase the

hackers,'' he said. ``Now it's the hackers chase the security people.''

 

   Several managers of computer systems that were entered said that no

significant harm had been done but that the invader had wasted the time of

system administrators, who were forced to drop their normal duties to deal with

the breaches in security.

 

   Ordinary users were also inconvenienced, the managers said, because their

computers had to be temporarily removed from the system for security reasons.

 

   Investigators familiar with the break-ins said the intruder had entered

systems by using several well-known security flaws that have been widely

distributed in computerized mailing lists

circulated among systems managers.

 

   Stoll, who from 1986 to 1988 tracked a group of West Germans breaking into

U.S. corporate, university and nonclassified military computers, said the

intruders had not proved any point.  ``It's sad that people have these

gunslinger ethics,'' he said.  ``It shows how easy it is to break into even a

modestly secure system.''  Spafford, who has also written <garbled>, but added

that nothing significant had been compromised.  [...]

 

   As a result of the break-ins, the Smithsonian Astronomical disconnected its

computers from the Internet, a network that connects severs around the world.

 

   Among the institutions believed to have been penetrated by the intruder are

the Los Alamos National Laboratory, Harvard, Digital Equipment, Livermore

Laboratories, Boston University and the University of Texas.

 

   Tuesday, the caller asserted that he had successfully entered dozens of

different computers by copying the password files to his machine and then

running a special program to decode the files.  That program was originally

written as a computer security experiment by a California-based computer

scientist and then distributed to other scientists.  [... reference to the

following CERT message...]

 

   Asked Tuesday whether he would continue his illegal activities, the caller

said he might lay low for a while.  ``It's getting a bit hot,'' he said, ``and

we went a bit berserk in the past week.''

 

 

                 >--------=====END=====--------<

 

 

 

***************************************************

***  Pirate Magazine Issue I - 5 / File 11 of 11***

***  Hackers and Phreaks as post-moderists      ***

***************************************************

 

 

 

This file appeared on PC-EXEC in Milwaukee, and is the one referred to

by Ellis Dea in File 2. We edited out all the academic stuff that you're

all seen on message boards a thousand times, and just left in the key points.

The authors do not condone phreaking or hacking, but argue that it should

be understood, rather than persecuted. They make a point many have made, which

is that the media and pheds have distorted what goes on out there. Apologies to

all if too much has been deleted.

-------------------------

 

 

                         THE BAUDY WORLD OF THE BYTE BANDIT:

             A POSTMODERNIST INTERPRETATION OF THE COMPUTER UNDERGROUND

                                  (March, 1990)

 

              "Hackers are "nothing more  than high-tech street gangs"

               (Federal Prosecutor, Chicago)."

 

              "Transgression is not immoral. Quite to the contrary, it

               reconciles the law with what it forbids; it is the dia-

               lectical game of good and evil (Baudrillard, 1987: 81)."

 

              " There ain't no sin and there ain't no virtue.  There's

               just stuff people do.   It's all part of the nice, but

               that's as far as any man got a right to say (Steinbeck,

               1939:31-32)."

 

               The criminalization of "deviant acts" transforms and reduces

          social meanings to legal ones.  Legal meanings are not necessari-

          ly social meanings.   Most deviancy  research tends to reproduce

          conventional social ideology and operative definitions of normal-

          ity within its concepts and theories.   On occasion, these mean-

          ings represent a form of "class  politics" that protect the power

          and privilege of one group from the challenge of another:

 

               Divorcing moral crusades from  status group competition

               while denying that cultures are linked to social class-

               es has undermined attempts  to link lifestyle politics

               to group struggles (Beisel, 1990: 45).

 

               Once a category of behaviors  has become defined by statute

          as sanctionably deviant,  the behaviors  so-defined assume a new

          set of meanings that may obscure  ones possessed by those who en-

          gage in such behaviors.   "Computer deviants" provide one example

          of a criminalized type of "lifestyle politics."

 

               The proliferation of computer  technology has been accompa-

          nied by the growth of a computer underground (CU),  often mistak-

          enly labeled "hackers," that is  perceived as criminally deviant

          by the media, law enforcement officials, and researchers.   Draw-

          ing from ethnographic data,  we offer  a cultural rather than a

          criminological analysis of the underground  by suggesting that it

          reflects an attempt to recast,  re-appropriate,  and reconstruct

          the power-knowledge relationship that  increasingly dominates the

          ideology and actions of modern society.  Our data reveal the com-

          puter underground as  an invisible community with  a complex and

          interconnected cultural lifestyle, an inchoate anti-authoritarian

          political consciousness,  and dependent on norms of reciprocity,

          sophisticated socialization  rituals,  networks  of information

          sharing, and an explicit value system.   We interpret the CU cul-

          ture as a challenge to and parody of conventional culture,  as a

          playful attempt to reject the seriousness of technocracy,  and as

          an ironic substitution of rational  technological control of the

          present for an anarchic and playful future.

 

                        STIGMATIZING THE COMPUTER UNDERGROUND

 

               The computer underground refers to persons engaged in one or

          more of several activities, including pirating, anarchy, hacking,

          and phreaking[1].    Because computer  underground participants

          freely share information and often are involved collectively in a

          single incident,  media definitions invoke the generalized meta-

          phors of  "conspiracies" and "criminal rings,"  (e.g.,  Camper,

          1989;  Zablit,  1989),  "modem macho" evil-doers (Bloombecker,

          1988), moral bankruptcy (Schwartz,  1988),  "electronic trespas-

          sers" (Parker:  1983), "crazy kids dedicated to making mischief"

          (Sandza, 1984:  17), "electronic vandals" (Bequai:  1987), a new

          "threat" (Van, 1989), saboteurs ("Computer Sabateur," 1988),  se-

          cret societies of criminals (WMAQ, 1990),  and "high-tech street

          gangs" ("Hacker,  18," 1989).   These images have prompted calls

          for community and  law enforcement vigilance (Conly  and McEwen,

          1990: 2) and for application of the Racketeer Influenced and Cor-

          rupt Organizations (RICO) Act to prosecute and control the "crim-

          inals" (Cooley, 1984).   These images fail to distinguish under-

          ground "hobbyists," who may infringe on  legal norms but have no

          intention of pillaging, from felonious predators,  who use tech-

          nology to loot[2].   Such terminology provides a common stock of

          knowledge that formats  interpretations of CU activity  in ways

          pre-patterned as requiring social control  to protect the common-

          weal (e.g., Altheide, 1985).

 

               As Hollinger and Lanza-Kaduce (1988:  119), Kane (1989), and

          Pfuhl (1987) observed,  the stigmatization of hackers has emerged

          primarily through value-laden media depictions.   When in 1990 a

          Cornell University graduate student inadvertently infected an in-

          ternational computer network by  planting a self-reproducing "vi-

          rus," or "rogue program," the news  media followed the story with

          considerable detail about  the dangers of computer  abuse (e.g.,

          Allman, 1990; Winter, 1988).  Five years earlier, in May of 1983,

          a group of hackers known as  "The 414's" received equal media at-

          tention when they  broke into the computer system  of the Sloan

          Kettering Cancer research center.   Between these dramatic and a-

          typical events, the media have dramatized the dangers of computer

          renegades,  and media anecdotes  presented during Congressional

          legislative debates  to curtail "computer abuse"  dramatized the

          "computer hacking problem" (Hollinger  and Lanza-Kaduce,  1988:

          107).   Although the accuracy and objectivity of the evidence has

          since been challenged (Hollinger and Lanza-Kaduce 1988: 105), the

          media continue to format CU activity  by suggesting that any com-

          puter-related felony can be attributed to hacking.  Additionally,

          media stories are taken from the accounts of police blotters, se-

          curity personnel, and apprehended hackers, each of whom have dif-

          ferent perspectives and definitions.   This creates a self-rein-

          forcing  imagery in  which  extreme  examples and  cursively

          circulated data are discretely adduced  to substantiate the claim

          of criminality by  those with a vested interest  in creating and

          maintaining such definitions.   For  example,  Conly and McEwen

          (1990)  list examples of law  enforcement jurisdictions in which

          special units to  fight "computer crime," very  broadly defined,

          have been created.  These broad  definitions serve to expand the

          scope of authority and resources of the units.   Nonetheless, de-

          spite criminalization,  there is little  evidence to support the

          contention that computer hacking has been sufficiently abusive or

          pervasive to warrant prosecution (Michalowski and Pfuhl,  forth-

          coming).

 

               As an antidote to the  conventional meanings of CU activity

          as simply one of deviance,  we shift the social meaning of CU be-

          havior from one of stigma to one of culture creation and meaning.

          Our work is tentative,  in part  because of the lack of previous

          substantive literature and in part  because of the complexity of

          the data, which indicate a multiplicity of subcultures within the

          CU.   This paper examines of two distinct CU subcultures, phreaks

          and hackers,  and challenges the Manichean view that hackers can

          be understood simply as profaners of  a sacred moral and economic

          order.

 

                     THE COMPUTER UNDERGROUND AND POST-MODERNISM

 

               The computer underground  is a culture of  persons who call

          computer bulletin board systems (BBSs,  or just "boards"),  and

          share the interests fostered by the BBS.   In conceptualizing the

          computer underground as a distinct culture, we draw from Geertz's

          (1973: 5) definition of culture as a system of meanings that give

          significance to shared  behaviors that must be  interpreted from

          the perspective of those engaged in them.  A culture provides not

          only the "systems of standards for perceiving, believing,  evalu-

          ating, and acting" (Goodenough,  1981:  110),  but includes the

          rules and symbols  of interpretation and discourse  for partici-

          pants:

 

               In crude relief,  culture can be understood as a set of

               solutions devised by a group of people to meet specific

               problems  posed by  situations  they  face in  com-

               mon. . . This notion of culture as a living, historical

               product of group problem solving  allows an approach to

               cultural study that is applicable to any group, be it a

               society, a neighborhood, a family, a dance band,  or an

               organization and its segments  (Van Maanen and Barley,

               1985: 33).

 

               Creating and maintaining a culture requires continuous indi-

          vidual or group processes of  sustaining an identity through the

          coherence gained by a consistent aesthetic point of view, a moral

          conception of self,  and a lifestyle that expresses those concep-

          tions in one's immediate existence and tastes (Bell, 1976:  36).

          These behavioral expressions signify a variety of meanings,  and

          as signifiers they reflect a type of code that can be interpreted

          semiotically,  or as a sign system amenable to readings indepen-

          dent of either participants or of  those imposed by the super-or-

          dinate culture:

 

               All aspects of culture possess  a semiotic value,  and

               the most  taken-for-granted phenomena can  function as

               signs:   as elements in communication systems governed

               by semantic rules  and codes which are  not themselves

               directly apprehended in experience.   These signs are,

               then,  as opaque as the social relations which produce

               them and which they re-present (Hebdige, 1982: 13).

 

               It is this symbolic cultural ethos,   by which we mean the

          style, world view, and mood (Hebdige,  1979),  that reflects the

          postmodernist elements of the CU and separates it from modernism.

          Modernist culture  is characterized especially  by rationality,

          technological enhancement, deference to centralized control,  and

          mass communication.   The emergence  of computer technology has

          created dramatic changes in social communication, economic trans-

          actions, and information processing and sharing, while simultane-

          ously introducing new forms of surveillance, social control,  and

          intrusions on privacy (Marx, 1988a: 208-211;  Marx and Reichman,

          1985).  This has contributed to a:

 

               . . .  richly confused and hugely verbal age, energized

               by a multitude of competing discourses,  the very pro-

               liferation and plasticity of  which increasingly deter-

               mine what we defensively refer  to as our reality (New-

               man, 1985: 15).

 

               By Postmodernism we mean a reaction against "cultural moder-

          nity" and a destruction of the  constraints of the present "maxi-

          mum security society" (Marx,  1988b)  that reflect an attempt to

          gain control of an alternative future. In the CU world, this con-

          stitutes a conscious resistance to the  domination of but not the

          fact of technological encroachment into  all realms of our social

          existence.  The CU represents a reaction against modernism by of-

          fering an ironic response to the primacy of a master technocratic

          language,  the incursion of computers into realms once considered

          private, the politics of techno-society,  and the sanctity of es-

          tablished civil and state authority.  Postmodernism is character-

          ized not so much by a single  definition as by a number of inter-

          related characteristics, including, but not limited to:

 

             1.  Dissent for dissent's sake (Lyotard, 1988).

             2.  The collapse of the  hierarchical distinction between mass

                 and popular culture (Featherstone, 1988: 203).

             3.  A stylistic promiscuity favoring  eclecticism and the mix-

                 ing of codes (Featherstone, 1988: 203).

             4.  Parody, pastiche, irony,  playfulness and the celebration

                 of the surface "depthlessness"  of culture (Featherstone,

                 1988: 203).

             5.  The decline of the originality/genius of the artistic pro-

                 ducer and the assumption that  art can only be repetitious

                 (Featherstone 1988: 203).

             6.  The stripping  away of social and  perceptual coordinates

                 that let one "know where one is" (Latimer, 1984: 121).

             7.  A search for new ways  to make the unpresentable presenta-

                 ble, and break down the barriers that keep the profane out

                 of everyday life (Denzin, 1988: 471).

             8.  The introduction of new moves  into old games or inventing

                 new games  that are evaluated pragmatically  rather than

                 from some uniform stand point  of "truth" or philosophical

                 discourse (Callinicos, 1985: 86).

             9.  Emphasis on the  visual over the literary  (Lash,  1988:

                 314).

             10. Devaluation of formalism and  juxtaposition of signifiers

                 taken from the banalities of  everyday life (Lash,  1988:

                 314).

             11. Contesting of rationalist and/or  didactive views of cul-

                 ture (Lash, 1988: 314).

             12. Asking not what a cultural text  means,  but what it does

                 (Lash, 1988: 314).

             13. Operation through the spectator's immersion, the relative-

                 ly unmediated investment of his/her desire in the cultural

                 object (Lash, 1988: 314).

             14. Acknowledgement of the decenteredness  of modern life and

                 "plays with the apparent emptiness  of modern life as well

                 as the lack of coherence  in modern symbol systems" (Man-

                 ning, 1989: 8).

 

               "Post-Modernism" in its positive  form constitutes an intel-

          lectual attack upon the atomized,   passive and indifferent mass

          culture which,  through the saturation of electronic technology,

          has reached its zenith in Post-War American (Newman,  1985:  5).

          It is this style of playful rebellion, irreverent subversion, and

          juxtaposition of fantasy with high-tech reality that impels us to

          interpret the computer underground as a postmodernist culture.

 

***********************************

20 pages of academic gibberish deleted here --eds

************************************

 

HACKERS:

          Hackers take  pride in their assumed

          names, and one of the greatest taboos is to use the handle of an-

          other or to use multiple handles.  Handles are borrowed liberally

          from the anti-heros of science fiction,  adventure fantasy,  and

          heavy metal rock lyrics,  particularly among younger users,  and

          from word plays on technology, nihilism,  and violence.   The CU

          handle reflects a stylistic identity  heavily influenced by meta-

          phors reflecting color (especially red and black),  supernatural

          power (e.g., "Ultimate Warrior, "Dragon Lord"), and chaos ("Death

          Stalker," "Black Avenger"), or ironic twists on technology,  fan-

          tasy, or symbols of mass culture (e.g., Epeios,  Phelix the Hack,

          Rambo Pacifist, Hitch Hacker).

 

               This anti-establishment ethos also  provides an ideological

          unity for collective  action.   Hackers have been  known to use

          their collective skills in retaliation  for acts against the cul-

          ture that the perceive as unfair by, for example, changing credit

          data or "revoking" driver's licenses (Sandza, 1984;  "Yes,  you

          Sound very Sexy," 1989).   Following a bust of a national hacker

          group, the message section of the "home board" contained a lively

          debate on the desireability of  a retaliatory response,  and the

          moderates prevailed.   Influenced especially by such science fan-

          tasy as William Gibson's Neuromancer (1984),  John Brunner's The

          Shockwave Rider (1975), and cyber-punk, which is a fusion of ele-

          ments of electronic communication technology  and the "punk" sub-

          culture,  the hacker ethic promotes resistance to the very forms

          that create it.   Suggestive of Frazer's (1922) The Golden Bough,

          power is challenged and supplanted  by rituals combining both de-

          struction and rejuvenation.   From this emerges a shared ethos of

          opposition against perceived Orwellian  domination by an informa-

          tion-controlling elite.

 

               (Hackers will) always be necessary,  especially in the

               technological oppression of the future.   Just imagine

               an information system that  systematically filters out

               certain obscene words.   Then it will move on to phras-

               es,  and then entire ideas will be replaced by comput-

               ers!   Anyway, there will always be people tripping out

               on paper and trying to keep it to themselves,  and it's

               up to us to at least loosen their grasp (P.A.  Message

               Log 1988).

 

               In sum, the hacker style reflects well-defined goals, commu-

          nication networks, values, and an ethos of resistance to authori-

          ty.  Because hacking requires a  broader range of knowledge than

          does phreaking,  and because such knowledge can be acquired only

          through experience, hackers tend to be both older and more knowl-

          edgeable than phreaks.   In addition, despite some overlap,  the

          goals of the two are somewhat dissimilar.  As a consequence, each

          group constitutes a separate analytic category.

 

Phreaks.

 

          The attraction of phreaking and its attendant life-style

          appear to center on three fundamental characteristics:  The

          quest for knowledge,  the belief in a higher ideological purpose

          of opposition to potentially dangerous technological control, and

          the enjoyment of risk-taking.   In a sense, CU participants con-

          sciously create dissonance as a  means of creating social meaning

          in what is perceived as  an increasingly meaningless world (Milo-

          vanovic and Thomas, 1989).   Together,  phreaks and hackers have

          created an overlapping culture that,  whatever the legality,  is

          seen by participants as a legitimate enterprise in the new "tech-

          no-society."

 

                                    CONCLUSION

 

               The transition to an  information-oriented society dependent

          on computer technology brings with  it new symbolic metaphors and

          behaviors.  Baudrillard (1987:  15)  observed that our private

          sphere now ceases to be the stage  where the drama of subjects at

          odds with their objects and with their image is played out,  and

          we no longer exist as playwrites or actors,  but as terminals of

          multiple networks.   The public space of the social arena is re-

          duced to the private space of  the computer desk,  which in turn

          creates a new semi-public, but restricted,  public realm to which

          dissonance seekers retreat.   To participate in the computer un-

          derground is to engage in what Baudrillard (1987:  15) describes

          as private telematics, in which individuals,  to extend Baudril-

          lard's fantasy metaphor,  are transported from their mundane com-

          puter system to the controls of a hypothetical machine,  isolated

          in a position of perfect  sovereignty,  at an infinite distance

          from the original universe.   There, identity is created through

          symbolic strategies and collective  beliefs (Bordieu,  cited in

          Wacquant, 1989: 35).

 

               We have argued  that the symbolic identity  of the computer

          underground creates a rich and  diverse culture comprised of jus-

          tifications, highly specialized skills,  information-sharing net-

          works, norms, status hierarchies, language, and unifying symbolic

          meanings.   The stylistic elements of  CU identity and activity

          serve what Denzin (1988:  471) sees as the primary characteristic

          of postmodern behavior,  which is to  make fun of the past while

          keeping it alive and the search for  new ways to present the un-

          presentable in order  to break down the barriers  that keep the

          profane out of the everyday.

 

               The risks entailed by acting on  the fringes of legality and

          substituting definitions of acceptable  behavior with their own,

          the playful parodying of mass culture,  and the challenge to au-

          thority constitute an exploration of the limits of techno-culture

          while resisting the  legal meanings that would  control such ac-

          tions.   The celebration of anti-heros, re-enacted through forays

          into the world of computer  programs and software,  reflects the

          stylistic promiscuity,  eclecticism and code-mixing that typifies

          the postmodern experience (Featherstone, 1988: 202).  Rather than

          attempt to fit within modern culture and adapt to values and def-

          initions imposed on them,  CU  participants mediate it by mixing

          art, science, and resistance to create a culture with an alterna-

          tive meaning both to the dominant one and to those that observers

          would impose on them and on their enterprise.

 

               Pfuhl (1987) cogently argued that criminalization of comput-

          er abuse tends to polarize definitions of behavior.   As a conse-

          quence, To view the CU as simply another form of deviance,  or as

          little more than  "high-tech street gangs" obscures  the ironic,

          mythic, and subversive element,  the Nieztschean "will to power,"

          reflected in the attempt to  master technology while challenging

          those forces that control it.   The "new society" spawned by com-

          puter technology is in its infancy, and, as Sennet (1970:  xvii)

          observed, the passage of societies through adolescence to maturi-

          ty requires acceptance of disorder and painful dislocation.

 

               Instead of embracing the dominant culture, the CU has creat-

          ed an irreducible cultural alternative, one that cannot be under-

          stood without locating its place  within the dialectic of social

          change.  Especially in counter-cultures, as Hebdige (1983: 3) ob-

          serves, "objects are made to mean and mean again," often ending:

 

               .  .  .in the construction of a style, in a gesture of

               defiance or contempt, in a smile or a sneer.   It sig-

               nals a Refusal.  I would like to think that this Reusal

  and the sneers have  some subversive

               value. . .  (Hebdige, 1982: 3).

***********************

Guess we should include all the bibliography in case we deleted something

important. But we find the list interesting for it's own sake. The authors

should also take a look at the HARPER'S Forum in the March, 1990 issue, that

contains a symposium/debate on computer hacking, and includes Phiber Optik and

Acid Phreak, along with Clifford Stoll, author of the Cuckoo's Egg. We would

also add CUCKOO'S EGG to this list EedsL.

*************************

 

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