john@zygot.ati.com (John Higdon) (02/25/90)
There were a number of concerns not addressed or even mentioned in the
special issue on the seizure of Jolnet.
How did the authorities learn of cracker/phreak messages in the files?
Did they login as users and look around? Were there *really*
clandestine messages there or is that just the official line? Did they
just seize the machine assuming they could find something
incriminating?
As administrator for zygot, should I start reading my users' mail to
make sure they aren't saying anything naughty? Should I snoop thorough
all the files to make sure everyone is being good? I have no idea what
gets posted directly to USENET, since I have better things to do than
monitor the inews log. Could this be a problem?
This whole affair is rather chilling. Bill Kuykendall is absolutely
correct when he urges people to contact their legislators and get some
of these issues resolved. I remember the bad old days that anyone who
seemed to have technical knowledge about the telephone network was
viewed with a great deal of suspicion. I would rather not see the day
come that anyone with a networked computer is one step away from
arrest.
John Higdon | P. O. Box 7648 | +1 408 723 1395
john@zygot.ati.com | San Jose, CA 95150 | M o o !
[Moderator's Note: More news has arrived here since the issue on Jolnet
was released yesterday. It appears the 911 software problem was the tip
of the iceberg. When the feds went to visit Andrews, all sorts of
worms started coming out the can. Read the next message today..... PT]hkhenson@uunet.uu.net (02/27/90)
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]