[misc.legal] Prosecution in the Internet Worm case

gnu@hoptoad.uucp (John Gilmore) (07/27/89)

GAO/IMTEC-89-57 report:
>                                                        As of
> March 23, 1989, there have been no indictments in the Internet
> virus case.  Because it is an open matter, Justice officials
> would not provide any specific information about the case.

Do they plan to leave it "open" until the statute of limitations runs out?

I don't think Mr. Morris should be left hanging like this.  They have all
the evidence they are likely to get.  If there is a case, fine, indict the
guy.  If not, drop it.  The current situation bears no resemblance to
"Justice".
-- 
John Gilmore      {sun,pacbell,uunet,pyramid}!hoptoad!gnu      gnu@toad.com
      "And if there's danger don't you try to overlook it,
       Because you knew the job was dangerous when you took it"

sharon@asylum.SF.CA.US (Sharon Fisher) (07/27/89)

In article <8137@hoptoad.uucp> gnu@hoptoad.uucp (John Gilmore) writes:
>GAO/IMTEC-89-57 report:
>>                                                        As of
>> March 23, 1989, there have been no indictments in the Internet
>> virus case.  Because it is an open matter, Justice officials
>> would not provide any specific information about the case.
>
>Do they plan to leave it "open" until the statute of limitations runs out?
>
>I don't think Mr. Morris should be left hanging like this.  They have all
>the evidence they are likely to get.  If there is a case, fine, indict the
>guy.  If not, drop it.  The current situation bears no resemblance to
>"Justice".



It's moot -- they indicted him yesterday on two counts.



-- 
"Inanna spoke:
	My vulva, the horn, the Boat of Heaven, is full of eagerness like 
the young moon. My untilled land lies fallow.  As for me, Inanna, who will 
plow my vulva? Who will plow my high field? Who will plow my wet ground?"
					Inanna: Queen of Heaven and Earth
					Her Stories and Hymns from Sumer

rcl@cunixc.cc.columbia.edu (Robert C Lehman) (07/27/89)

An item in the newspaper today says that Robert T. Morris has been
indicted by a federal grand jury and is being charged under the
"computer crime provision of the Computer Fraud and Abuse Act of
1986."  The story goes on to say that the maximum penalties are five
years in jail and a $250,000 fine. (Source: New York Newsday,
7/27/89).

-Rob

hes@ncsuvx.ncsu.edu (Henry E. Schaffer) (07/27/89)

In article <8137@hoptoad.uucp> gnu@hoptoad.uucp (John Gilmore) writes:
  ... [re: Internet worm case]
>Do they plan to leave it "open" until the statute of limitations runs out?

  I heard on NPR last night that the grand jury (in Syracuse, NY?) had
just concluded after some months of hearings and recommended (is that what
they do) that a crime had been committed and that the prosecution is
going to ask the court for an indictment.  So it does sound as if 
something was going on.

  The announcer started out by discussing the effects of the "virus" and
then later said it was a "worm".

>John Gilmore      {sun,pacbell,uunet,pyramid}!hoptoad!gnu      gnu@toad.com

--henry schaffer

jbw@eyebeam.UUCP (Jeremy B. Wohlblatt) (07/27/89)

gnu@hoptoad.uucp (John Gilmore) writes:
>GAO/IMTEC-89-57 report:
>>                                                        As of
>> March 23, 1989, there have been no indictments in the Internet
>> virus case.  Because it is an open matter, Justice officials
>> would not provide any specific information about the case.

>Do they plan to leave it "open" until the statute of limitations runs out?
>I don't think Mr. Morris should be left hanging like this.  They have all
>the evidence they are likely to get.  If there is a case, fine, indict the
>guy.  If not, drop it.  The current situation bears no resemblance to
>"Justice".

preparing an indictment takes time, particularly in a case like this one.
but relax, i heard on n.p.r. that they indicted morris earlier this week for
gaining unauthorized access to certain computer facilities and preventing the
authorized use of those facilities.

					-- jeremy
these opinions might not be those of my employer.  they might not even be mine.
jeremy b. wohlblatt: samsung software america, inc.
	uucp: {decvax!{gsg,cg-atla},uunet,ulowell}!ginosko!jbw
	internet:	jbw@ginosko.samsung.com

gors@well.UUCP (Gordon Stewart) (07/27/89)

[excerpted from NY TIMES NATIONAL Edition - July 27, 1989]

STUDENT, AFTER DELAY, IS CHARGED IN CRIPPLING OF COMPUTER NETWORK

After more than eight months... the Justice Dept. said that a Federal
Grand Jury in Syracuse had indicted the 24-Year old Cornell U. graduate
student ... Robert Tappan Morris ... 

[He] was charged with a single felony count under a 1986 computer crimes
law, the Computer Fraud and Abuse Act.  This law makes it illegal to gain
unauthorized access to Federal computers. ... Under the law, authorities
must show that Morris intended to cripple the computer network.

...

The incident has ... bitterly divided computer scientists and computer
security experts around the country.  Some have said that they believe
"an example" should be made of Mr. Morris to discourage future tampering.
Others, however, have argued that Mr. Morris performed a valuable service
by alerting the nation to the laxity of computer security controls.

[By John Markoff -- Special to the NY Times]


_________________________________________________________________________

I wish Mr. Morris well -- I subscribe to the notion that a breach of
etiquette was committed, not a breach of security.  Lock your car,
take your keys...  I suppose he's had a major lesson in the possible
far-reaching consequences from such a prank -- although the lesson
isn't over, the burden of proving that he INTENDED to cause harm is
probably too great for the Justice Dept. to carry off.

-- 
				{apple, pacbell, hplabs, ucbvax}!well!gors
							gors@well.sf.ca.us
(Doolan) | (Meyer) | (Sierchio) | (Stewart)

greg@bilbo (Greg Wageman) (07/28/89)

In article <8137@hoptoad.uucp> gnu@hoptoad.uucp (John Gilmore) writes:
>GAO/IMTEC-89-57 report:
>>                                                        As of
>> March 23, 1989, there have been no indictments in the Internet
>> virus case.  Because it is an open matter, Justice officials
>> would not provide any specific information about the case.
>
>Do they plan to leave it "open" until the statute of limitations runs out?

I hear on NPR yesterday that he has been indicted.  Should be an
interesting case.



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hkhenson@cup.portal.com (H Keith Henson) (07/28/89)

John Gilmore (in ref to the internet worm case) wrote:

>Do they plan to leave it "open" until the statute of limitations runs out?

Guess not, I heard this AM that Mr. Morris was indicted.  His
response was that he would fight the charges.  Keith Henson

wclx@vax5.CIT.CORNELL.EDU (07/28/89)

In article <8137@hoptoad.uucp> gnu@hoptoad.uucp (John Gilmore) writes:
>GAO/IMTEC-89-57 report:
>> As of
>> March 23, 1989, there have been no indictments in the Internet
>> virus case.  Because it is an open matter, Justice officials
>> would not provide any specific information about the case.
>
>Do they plan to leave it "open" until the statute of limitations runs out?
>
>I don't think Mr. Morris should be left hanging like this.  They have all
>the evidence they are likely to get.  If there is a case, fine, indict the
>guy.

It looks like you just got your wish!


From the ITHACA JOURNAL (Ithaca, NY), Thursday, July 27, 1989, page 1:


CU student indicted in 'worm' case
By John Yaukey, Journal Staff

     Cornell University graduate student Robert Morris Jr. faces a
felony charge for allegedly creating a renegade computer program
that brought down thousands of computers nationwide last November.

     Morris was indicted on a charge of "gaining unauthorized access
to computers around the country, preventing authorized access to
these computers and causing losses in excess of $1,000," according
to a statement from the U.S. attorney for the Northern District of
New York.

     The indictment, handed up by a federal grand jury in Syracuse,
was announced Wednesday.

     If convicted, the 24-year-old graduate student could be
imprisoned for five years and fined $250,000, according to a
statement from the U.S. attorney's office.

     "Mr. Morris will enter a plea of not guilty," his Washington-
based attorney, Thomas Guidoboni, said in a telephone interview
Wednesday.  "He looks forward to eventual vindication and his
return to a normal life."

     Morris is expected to be arraigned in Syracuse sometime next
week, Guidoboni said.

     The federal attornet's office in Syracuse would not say when
he would be arraigned.

     The indictment against Morris comes about eight months after
the destructive program called a "worm" was released.

     U.S. Attorney Andrew Baxter said the grand jury was waiting
on a decision by the U.S. Justice Department before a ruling
could be made.  Baxter never elaborated on what the justice
department was weighing during those eight months.

     Cornell officials have refused to comment on the charge in
any way.

     In early April, the university issued a report that said
Morris created a computer "worm" and that he apparently acted
alone in doing it.

     The report also noted that disciplinary measures "should
allow for redemption" and should not be so harsh as to be
permanently damaging.  It also said that nobody of authority at
Cornell was involved in creating or releasing the worm.

     In early November, Morris is alleged to have created and
released a "worm," a program that electronically mailed itself from
computer to computer.

     As the worm, first called a virus, infiltrated the machines,
it filled them with bogus files, bled them of power and brought
them down.

     The worm reportedly made its way through some 6,000 defense,
industry and academic computers, but did not destroy any information.

     Some of the computers that the worm made its way to include
those at the University of California at Berkeley, the National
Aeronautics and Space Administration at Moffett Field, Calif., Purdue
University in West Lafayette, Ind. and the Cornell National
Supercomputing Facility.

     Estimates of the damage caused by the worm vary.

     Damage and cleanup costs were reported as high as $96 million,
but members of the Cornell team assembled to investigate the worm
said that was "grossly exaggerated."

     Morris was reported to be living in the Washington, D.C., area,
though his attorney said he no longer is there.  Guidoboni would not
reveal where Morris had moved.

     When asked about Morris' status at Cornell, officials there
acknowledge only that he requested and received a leave of absence
effective Dec. 1, 1988.

     Morris' attorney has said he has been suspended from Cornell

----------------(End of article)---------------------------

Lawrence Kestenbaum, wclx@vax5.cit.cornell.edu
506 S. Albany St., Ithaca NY 14850
"In the long run, the preservationists are always right." -J. K. Galbraith

sra@lcs.mit.edu (Rob Austein) (07/28/89)

In article <19157@vax5.CIT.CORNELL.EDU> wclx@vax5.CIT.CORNELL.EDU writes:

   From the ITHACA JOURNAL (Ithaca, NY), Thursday, July 27, 1989, page 1:

   ... As the worm, first called a virus, infiltrated the machines,
   it filled them with bogus files, bled them of power and brought
   them down.

Moral: Don't let your computer finger its power supply.

--Rob