TK0JUT2%NIU.BITNET@uicvm.uic.edu (07/27/90)
Some final comments on Day Three of Craig Neidorf's trial: It was curious that, in introducing the PHRACK/INC Hacking Directory, a list of over 1,300 addresses and handles, the prosecution seemed it important that LoD participants were on it, and made no mention of academics, security and law enforcement agents, and others. In some ways, it seemed that Bill Cook's strategy was to put HACKING (or his own rather limited definition of it) on trial, and then attempt to link Craig to hackers and establish guilt by association. It was also strange that, after several months of supposed familiarization with the case, that neither Bill Cook nor Agent Foley would pronounce his name correctly. Neiforf rhymes with eye-dorf. Foley pronounced it KNEEdorf and Cook insisted on NEDD-orf. Further, his name was spelled incorrectly on at least three charts introduced as evidence, but as Sheldon Zenner indicated, "we all make mistakes." Yeh, even Bill Cook. One can't but think that such an oversight is intentional, because a prosecutor as aware of detail as Bill Cook surely by now can be expected to know who he is prosecuting, even when corrected. Perhaps this is just part of a crude, arrogant style designed to intimidate, perhaps it is ignorance, or perhaps it is a simple mistake. But, we judge it an offense both to Craig and especially his family to sit in the courtroom and listen to the man prosecuting their son to continually and so obviously mispronounce their name. DAY FOUR OF THE TRIAL (THURSDAY, JULY 26): Special Agent Foley continued his testimony, continuing to describe the step by step procedure of the search, his conversation with Craig, what he found, and the value of the E911 files. On cross-examination, Agent Foley was asked how he obtained the original value of the files. The value is crucial, because of the claim that they are worth more than $5,000. Agent Foley indicated that he obtained the figure from BellSouth and didn't bother to verify it. Then, he was asked how he obtained the revised value of $23,000. Again, Agent Foley indicated that he didn't verify the worth. Because of the importance of the value in establishing applicability of Title 18, this seems a crucial, perhaps fatal, oversight. Next came the testimony of Robert Riggs (The Prophet), testifying presumably under immunity and, according to a report in the last issue of CuD, under the potential threat of a higher sentence if he did not cooperate. The diminutive Riggs said nothing that seemed harmful to Craig, and Zenner's skill elicited information that, to an observer, seemed quite beneficial. For example, Riggs indicated that he had no knowledge that Craig hacked, had no knowledge that Craig ever traded in or used passwords for accessing computers, and that Craig never asked him to steal anything for him. Riggs also indicated that he had been coached by the prosecution. The coaching even included having a member of the prosecution team play the role of Zenner to prepare him for cross-examination. It was also revealed that the prosecution asked Riggs to go over all the back issues of PHRACK to identify any articles that may have been helpful in his hacking career. Although it may damage the egos of some PHRACK writers, Riggs identified only one article from PHRACK 7 that MIGHT POSSIBLY be helpful. What are we to make of all this? So far, it seems that the bulk of the evidence against Craig is weak, exaggerated, and at times seems almost fabricated (such as the value of the E911 file and Craig's "evil" attempt to organize a league of "criminals." We have been told repeatedly be some law enforcement officials and others that we should wait, because evidence will come out that could not be discussed in public, and that this evidence would silence critics. Some have even said that those who have criticized law enforcement would "slink back under their rocks" when the evidence was presented. Perhaps. But, so far at least, there has been no smoking gun, no evidence that hasn't been discussed previously, and no indication of any heinous conspiracy to bring America to its knees by trashing the E911 system, robbing banks, or destroying the technological fabric of society. Perhaps a bombshell will be introduced before the prosecution winds up in a few days. But, even if Craig is ultimately found guilty on any of the counts, there is certainly nothing presented thus far that appears to justify the severity of the charges or the waste of state resources. To paraphrase that anonymous writer in the last issue of CuD, I can't help but wonder why we're all here!