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Pirate, 5. by Pirate

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Federal Indictment of LoD bust.
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         **keepin' the dream alive                            **
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                -=>   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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