TK0JUT2%NIU.BITNET@UICVM.uic.edu (05/20/91)
**************************************************************************** >C O M P U T E R U N D E R G R O U N D< >D I G E S T< *** Volume 3, Issue #3.17 (May 17, 1991) ** ** SPECIAL ISSUE: EXHIBITS FROM RIGGS'S SENTENCING MEMORANDUM ** **************************************************************************** MODERATORS: Jim Thomas / Gordon Meyer (TK0JUT2@NIU.bitnet) ARCHIVISTS: Bob Krause / / Bob Kusumoto GAELIC GURU: Brendan Kehoe +++++ +++++ +++++ +++++ +++++ CONTENTS THIS ISSUE: File 1: Moderator's Corner File 2: A Media Commentary on the RIGGS Sentencing File 3: Exhibits from the Atlanta 3 Sentencing Memorandum File 4: EXHIBIT A from Riggs' Sentencing Memorandum File 5: EXHIBIT E from Riggs' Sentencing Memorandum +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ USENET readers can currently receive CuD as alt.society.cu-digest. Back issues are also available on Compuserve (in: DL0 of the IBMBBS sig), PC-EXEC BBS (414-789-4210), and at 1:100/345 for those on FIDOnet. Anonymous ftp sites: (1) ftp.cs.widener.edu (192.55.239.132); (2) cudarch@chsun1.uchicago.edu; (3) dagon.acc.stolaf.edu (130.71.192.18). E-mail server: archive-server@chsun1.uchicago.edu. COMPUTER UNDERGROUND DIGEST is an open forum dedicated to sharing information among computerists and to the presentation and debate of diverse views. CuD material may be reprinted as long as the source is cited. Some authors, however, do copyright their material, and those authors should be contacted for reprint permission. It is assumed that non-personal mail to the moderators may be reprinted unless otherwise specified. Readers are encouraged to submit reasoned articles relating to the Computer Underground. Articles are preferred to short responses. Please avoid quoting previous posts unless absolutely necessary. ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ DISCLAIMER: The views represented herein do not necessarily represent the views of the moderators. Contributors assume all responsibility for assuring that articles submitted do not violate copyright protections. ******************************************************************** >> END OF THIS FILE << *************************************************************************** ------------------------------ From: Moderators Subject: Moderator's Corner Date: May 17, 1991 ******************************************************************** *** CuD #3.17: File 1 of 5: Moderators Corner *** ******************************************************************** ++++++++++++++++ Information on subversive software wanted ++++++++++++++++ (Gordon received a number of helpul replies from his earlier request, but for those who missed CuD 3.14, we reprint it again. Thanks to all those who responded). Gordon is in the beginning stages of research for a technical paper on 'subversive' software. The article will discuss software that has been written for unusual purposes and circumstances, not all of which may be legal. Examples in this "genre" would be 'Fuckin' Hacker', 'Code Thief', and 'Receipt Writer'. It would be helpful to gather as many examples as possible, from many different computer platforms. He is *not* seeking executable copies, but just the name and description of the program. Any additional historical information, such as author name, date, innovative features, etc would be a bonus. If you can recall having seen, used, or heard of any unusual software that you feel fits in this category He would appreciate it if you'd drop me a line. The article has not, as of yet, been slated for publication, but he will supply a finished copy to anyone who responds or requests one. The finished work may also appear in a future issue of CuD. Thanks for your time and assistance! Gordon Meyer 72307.1502@Compuserve.com GRMEYER (GEnie and Delphi) or via CuD at tk0jut2@niu.bitnet +++++++ New BBS +++++++ A new BBS, similar in goals and philosophy to FACE-TO-FACE (which crashed) began May 18. It's called FREE SPEECH (618-943-2399), and will be open to all callers. Computer security and law enforcement agents are welcome. The sysop (Crimson Death) aims to encourage discussion and debate of Constitutional, computer security, and other issues. It's running Emulex, HST compatible, and users are encouraged to upload news articles and related files. ******************************************************************** >> END OF THIS FILE << *************************************************************************** ------------------------------ From: Silicon.Surfer@unixville.edu Subject: A Media Commentary on the RIGGS Sentencing Date: Tue, 14 May 91 20:39 EDT ******************************************************************** *** CuD #3.17: File 2 of 5: Media Comment on Riggs Sentencing *** ******************************************************************** Here is an article I recently saw in the May/June 1991 issue of Contingency Journal. The author seemed very glad of the judges decision of restitution for Bell South by the computer hackers (I bet the author would have approved of dismemberment of their hands also). According to the story's bio sketch, the author is an attorney with 20 years of experience, including 10 years in computer security at a major financial institution. It is interesting to note that the author states that one of the schemers published the information in a hacker's newsletter. But the author never mentions that the case against the publisher was dropped by the government, nor does the author correct the slur that the publisher was in on the scheme (actually it was proved in court by the government's own witness that the publisher was not part or any way connected with the scheme). I only wish that the government would order restitution to the American taxpayer for what the S & L scheme will cost us in the next few years. +++++++++++++++++++++++++++++++++++ Restitution Ordered For Bell South Hackers By Michael H. Agranoff, Attorney The law is beginning to respond effectively to the problem of computer hacking. In September 1988, three young men began implementing a scheme to steal proprietary data from Bell South Telephone Co. computers. They illegally gained access to Bell South from a home computer, downloaded the data and tried to disguise the fraud by using the IDs of legitimate users. The stolen data was transferred on an interstate computer network and stored on a bulletin board system. It was made known to others in a hacker's newsletter published by one of the schemers. If the fraud had continued, it could have disrupted telecommunication channels throughout the country, according to government prosecutors. The hackers were in a position to retrieve and modify credit information, eavesdrop on telephone conversations and worse. Various charges of fraud, theft and conspiracy were lodged against the trio. They attempted to get the charges dismissed on technical grounds, were unsuccessful and pleaded guilty to a smaller number of charges. A federal judge in Georgia imposed sentences last November. One hacker was given 21 months in prison and two years supervised probation. The other two hackers were each given 14 months in prison. Seven of those months were to be served in a half-way house, where they must assist colleges and businesses in computer work. Following release, the hackers must each complete three years community service, to include 120 hours each year of computer-related work, during which time they may not own or access a computer, except for employment, without supervision approved by the court. Each of the three hackers was also ordered to pay restitution to Bell South amounting to $233,880 per hacker. Readers may reflect upon this sentence. In trying to protect the public interest and yet not be vindictive, the judge rendered (in this writer's opinion) a wise and thoughtful decision. Will it send the appropriate message to potential hackers throughout the country? Let us see. ******************************************************************** >> END OF THIS FILE << *************************************************************************** ------------------------------ From: Moderators Subject: Exhibits from the Atlanta 3 Sentencing Memorandum Date: 15 May, 1991 ******************************************************************** *** CuD #3.17: File 3 of 5: Exhibits from Riggs' Sentencing *** ******************************************************************** The author of the above file errs in the nature of the crime, the nature of the evidence, and omits that the sentence included restriction on computer use upon release. He seems to rely upon prosecutors' statements, and shows no awareness of the discussions surrounding the sentence of the case when he refers to the judge's "wise and thoughtful decision." There is not even a glimmering in the story that the sentence may be too harsh (quite the contrary, in fact), or that the sentencing memorandum may have been misleading. When Riggs was sentenced late last fall to 21 months in a federal penitentiary for "hacking," the prosecution submitted a lengthy sentencing memorandum (reprinted in CuD 2.16) that was strongly criticized for its inaccuracies and what some saw as an inappropriate prejudicial attitude in both the tone and content (see CuD 2.17 for EFF and other responses). We, and presumably others, were informed that there was considerable information in attached documents that would justify the sentence and that we should be more patient. The Exhibits attached to the memorandum are now available, and they are less than compelling, filled with non-sequitor logic, and fail to add any new information that might reduce criticism of the sentence. CONTENTS The Government submitted five attachments to its sentencing memorandum that, in a separate motion, it requested to be sealed. These exhibits raise a few questions both about the justification for the sentence and the sentencing procedure itself. Two of the Exhibits follow the conclusion of this file. The original sentencing memorandum was reprinted in CuD 2.16. EXHIBIT A (File #4, below) is a history of the Legion of Doom, taken from Phrack 31. EXHIBIT B (not included here) is a collection of posts from Black Ice BBS. In 23 pages, the Exhibit provides a few score posts selectively abstracted from December 2, 1988 through March 12, 1989. The Exhibit includes the BBS's help screen, a user list, and information ranging from general one line comments to technical information, dialups and network addresses. Although some of the information boarders on what some might justifiably consider stretching beyond the limits of licitness, none of it provides evidence of a dangerous conspiratorial group bent on destroying the nation's telecom system. However, such information was blacked out of the Motion to Seal, so it is difficult to assess. But, from what can be inferred from the context, it seems that much of the "questionable" information is generally public and the rhetoric, rather than content, provides the logs' drama. According to the sentencing memorandum (p. 8), these logs appear to show that the callers knew that hacking was illegal, that they took precautions to avoid apprehension, and some posts make "frequent references to law enforcement and national security computer systems." Although the posts may reflect unacceptable behavior, the overall interpretation gleaned by the government stretches credibility. EXHIBIT C consists of an electronic post in November, 1988, requesting the Riggs meet with the acting director of OCS, and 4 letters exchanged between Riggs and Georgia Tech's Office of Computing Services (OCS) and the Dean of Student Affairs From June 6, 1989 to June 19, 1989. In the first letter, the OCS indicated to Riggs that they possessed evidence that his account had been misused and asked Riggs to contact them. The second letter of two pages outlined specific allegations of Riggs' abuse. The third, from Riggs to the Director of the OCS, was a written apology. The final letter, from the office of the Dean of Student Affairs to Riggs was a letter saying, in essence, cool it in the future or else. According to the original sentencing memorandum (p. 9), the only reason for submitting these letters was to "indicate that Georgia Tech was very concerned about Grant's abuses of their system." EXHIBIT D, a report of an earlier legal problem in North Carolina involving Riggs, was not included, presumably because he was a juvenile when it occured. EXHIBIT E consists of five posts from various people taken from The Phoenix Project discussing Robert Morris. They are reproduced in File #5, below. Even in the aggregate, the Government's exhibits are rather innocuous. The logic by which conclusions are drawn from the Exhibits is spurious as best, and--as is much of the rhetoric guiding arguments for questionable procedures (see Steve Jackson Games' suit against William Cook, Timothy Foley, Barbara Golden, et. al.)--represents claims for which empirical evidence to the the contrary was clearly present and known, or should have been known, to the prosecutors. We in no way condone the activities to which the Atlanta 3 pled guilty. Nor do we condone many of the behaviors of the type alleged in their original indictment. We do not believe that offenses in the cyberworld should go without response or, when appopriate, without sanctions. However, we also believe that questionable actions by law enforcement personnel should be equally subject to examination and response. The exhibits stage manage the allegations in a way that is discomforting. The sentencing memorandum and the Exhibits claiming to support it should be carefully examined for the subtle ways in which the "language of justice" serves unjust ends. Innuendo, fabrication, dubious logic, and unsubstantiated assertions in the guise of "facts" do not reflect well on those entrusted with protecting federal law and the Constitution. ******************************************************************** >> END OF THIS FILE << *************************************************************************** ------------------------------ From: Moderators Subject: EXHIBIT A from Riggs' Sentencing Memorandum Date: 15 May, 1991 ******************************************************************** *** CuD #3.17: File 4 of 5: Exhibit A from Memorandum *** ******************************************************************** Exhibit A is a reprint from "Phrack 31" summarizing the history of the Legion of Doom. It reflects a "guilt by association" device, a rhetorical ploy without factual foundation that makes a series of leaps from a dangerous act to the possibility that the defendants *could* have committed such an act: Aside from the hacker logic bomb threat, a June 1989 intrusion into the BellSouth network also prompted the federal investigation. A computer hacker broke into the BellSouth network and rerouted calls from a probation office in Delray Beach, Florida to a New York Dial-A-Porn number. Although creative and comical at first blush, the rerouting posed a serious threat to the security of the telephone system. If a hacker could reroute all calls to the probation office, he or she could do the same to calls placed to this Court, a fire station, a police station or any other telephone customer in the country. Again, none of the three defendants are implicated in this dangerous prank, though an investigation of the intrusion ultimately led investigators to the illegal activities of the three defendants and other members of a self-proclaimed elite group of hackers called the Legion of Doom. The Legion of Doom is described in a hacker "magazine" article filed separately as _Government Exhibit A_. (Sentencing Memorandum, p. 3). After an earlier allusion to logic bombs, which were unrelated to the Riggs case, the spectre of serious crimes are linked to the defendants. Next, an example in which none of the defendants were implicated is raised--the rerouting of a dial-a-porn number to a probation officer. Here, prosecutors move beyond the slippery slope thesis of behavior that suggests, by analogy, if you have a marijuana cigarette today you'll likely be a junkie by morning. Despite the DENOTED disclaimer of non-involvement, they phrase the language in such a way that it CONNOTES guilt by arguing that the possession of "forbidden knowledge" COULD allow one to commit potentially dangerous acts such as "jeopardizing the entire telephone industry" or "shutting down telephone service throughout the country" (p. 7 of Sentencing Memorandum). The Exhibit provides nothing more than a brief history of the LoD and its members. For conspiracy theorists who see organized malevolence in any voluntary association of 2 or more people who defy conventional social norms, the document may seem significant. But, for some, the Fortune 500 would seem equally dangerous and conspiratorial. We do not claim that the LoD can stake claim to the moral high ground, but neither does our reading of the Exhibit A suggest a subversive group capable of threatening our social fabric. It hardly provides evidence that would justify a few years of incarceration. Judge for yourself: ++++ Begin Exhibit A ==Phrack Inc.== Volume Three, Issue Thirty-one, Phile #5 of 10 The History of The Legion Of Doom --- ------- -- --- ------ -- ---- During the summer of 1984 an idea was formulated that would ultimately change the face of the computer underground forever. This particular summer, a huge surge of interest in computer telecommunications placed an incredibly large number of new enthusiasts on the national computer scene. This crowd of people all seeking to learn as much as possible began to put a strain on the nation's bulletin board scene, as the novices stormed the phonelines in search of knowledge. From out of this chaos came a need for learned instructors to help pass on their store of information to the new throngs. One of the most popular bulletin boards of the day was a system in New York state called Plovernet, which was run by a person who called himself Quasi-Moto. This BBS was so heavily trafficked, that a major long distance company began blocking all calls to its number (516-935-2481). The co-sysop of Plovernet was a person known as Lex Luthor. At the time there were a few hacking groups in existence, such as Fargo-4A and Knights of Shadow. Lex was admitted into KOS in early 1984, but after making a few suggestions about new members, and having them rejected, Lex decided to put up an invitation only BBS and to start forming a new group. Starting around May of 1984, Lex began to contact those people who he had seen on BBSes such as Plovernet and the people that he knew personally who possessed the kind of superior knowledge that the group he envisioned should have. Many phone calls and Alliance Teleconferences later, the group of individuals who made up the original Legion of Doom were compiled. They were: Lex Luthor Karl Marx Mark Tabas Agrajag the Prolonged King Blotto Blue Archer EBA The Dragyn Unknown Soldier The group originally consisted of two parts: Legion of Doom, and Legion of Hackers. The latter was a sub-group of the first, comprised of people who were more advanced in computer related subjects. Later on, as members began to all become more computer-based, the Legion of Hackers was absolved. (The name "Legion of Doom" came from the cartoon series "Superfriends," in which Lex Luthor, Superman's arch rival, led a group by the same name) The actual Legion of Doom bulletin board was quite ahead of its time. It was one of the first "Invitation-only" hacking based BBSes; it was the first BBS with security that caused the system to remain idle until a primary password was entered; and it was the first hacking BBS to deal with many subjects in close detail, such as trashing and social engineering. The BBS underwent three number changes and three different login procedures during its life. At its height, the BBS had over 150 users and averaged about 15 posts per day. This may seem high when compared to contemporary BBSes, but this was a private system, with only very-competent users, so the quality of messages content was always high. There was always some confusion that falsely assumed since someone was on the LOD BBS, that they were a member of the group. In fact, only a handful of the total LOD membership were ever on the actual LOD BBS. The Legion of Doom also had special subboards created for its members on other BBSes after the home base BBS went offline. The first was on Blottoland, the next on Catch-22, followed by one on the Phoenix Project, and the last on Black Ice Private. The group's members have usually tried to keep a low profile publicly, and usually limited their trade of information to select private BBSes and personal telephone conversations. This adherence to privacy has always added to the LOD mistique. Since most people didn't know exactly what the group was involved in, or experimenting with, people always assumed that it was something far too detailed or sensitive to be discussed. For the most part, this was not true, but it did not help to diminish the paranoia of security personnel that LOD was after their company's systems. The group has undergone three distinct phases, each a result of membership changes. The first phase ended with the busts of Marx, Tabas, Steve Dahl, Randy Smith, X-man, and the abandonment by Agrajag and King Blotto. The group lay semi-dormant for several months, until a resurgence in the summer of 1986, in which several new members were admitted, and a new surge of would-be hackers appeared, ready to be tutored. This phase again ended in a series of busts and paranoia. The third phase basically revolved around Summercon of 1988, where several new members were admitted by those LOD members attending the festivites. The third phase is now at an end brought on by busts and related paranoia, again, two years after its onset. There is no indication that points to any resurgence in the future, but nothing is certain until summer. Since its creation, LOD has tried to put out informative files on a wide variety of topics of interest to its contemporaries. These files ranged from the first actual scanned directory of Telenet, to files on various operating systems. The LOD Technical Journal was to be a semi-regular electronic magazine comprised of such files, and other items of interest to the hacking community. Only three issues of the Technical Journal were produced. As the fourth issue was being pieced together, several members were raided, and work on it was abandoned. >From the time it was formed continuing up to the present, the Legion of Doom has been quite a topic of controversy in the computer underground and with computer security professionals. The Legion of Doom has been called everything from "Organized Crime" to "a Communist threat to national security" to "an international conspiracy of computer terrorists bent on destroying the nation's 911 service." Nothing comes closer to the actual truth than "bored adolescents with too much spare time." LOD members may have entered into systems numbering in the tens of thousands, they may have peeped into credit histories, they may have monitored telephone calls, they may have snooped into files and buffered interesting text, they may still have total control over entire computer networks; but, what damage have they done? None, with the exception of unpaid use of CPU time and network access charges. What personal gains have any members made? None, with the exception of three instances of credit fraud that were instigated by three separate greedy individuals, without group knowledge. The Legion of Doom will long be remembered in the computer underground as an innovative and pioneering force, that consistently raised the collective level of knowledge, and provided many answers to questions ranging from the workings of the telephone system to the structure of computer operating systems. No other group dedicated to the persuit of computer and telecommunications knowledge has survived longer, and none probably will. The Legion of Doom 1984--1990 ------------------------------------------------------------------------------ Alumni of the Fraternal Order of the Legion of Doom (Lambda Omega Delta) Handle Entered Exited Location Reasons for leaving ------------------------------------------------------------------------------ Lex Luthor Early 84-- Florida Karl Marx Early 84--Late 85 Colorado Bust w/Tabas..College Mark Tabas Early 84--Late 85 Colorado Too numerous to list Agrajag the Prolonged Early-84--Late 85 California Loss of Interest King Blotto Early 84--Late 85 Ohio College Blue Archer Early 84--Late 87 Texas College EBA Early 84-- Texas The Dragyn Early 84--Late 86 Minnesota Loss of Interest Unknown Soldier Early 84--Early 85 Florida Bust-Toll Fraud Sharp Razor Late 84--Early 86 New Jersey Bust-Compuserve Abuse Sir Francis Drake Late 84--Early 86 California Loss of Interest Paul Muad'dib Late 84--Early 86 New York Modem Broke Phucked Agent 04 Late 84--Late 87 California College X-Man Late 84--Mid 85 New York Bust-Blue Boxing Randy Smith Late 84--Mid 85 Missouri Bust-Credit Fraud Steve Dahl Early 85--Early 86 Illinois Bust-Credit Fraud The Warlock Early 85--Early 86 Florida Loss of Interest Terminal Man Early 85--Late 85 Massachusetts Expelled from Group Dr. Who Early 85--Late 89 Massachusetts Several Reasons The Videosmith Early 86--Late 87 Pennsylvania Paranoia Kerrang Kahn Early 86--Mid 89 London, UK Loss of Interest Gary Seven Early 86--Mid 88 Florida Loss of Interest The Marauder Early 86--Mid 89 Connecticut Loss of Interest Silver Spy Late 86--Late 87 Massachusettts College Bill from RNOC Early 87--Late 87 New York Bust-Hacking The Leftist Mid 87--Late 89 Georgia Bust-Hacking Phantom Phreaker Mid 87-- Illinois Doom Prophet Mid 87-- Illinois Jester Sluggo Mid 87-- North Dakota Carrier Culprit Mid 87--Mid 88 Pennsylvania Loss of Interest Master of Impact Mid 87--Mid 88 California Loss of Interest Thomas Covenant Early 88--Early 90 New York Bust-Hacking The Mentor Mid 88--Early 90 Texas Retired Necron 99 Mid 88--Late 89 Georgia Bust-Hacking Control C Mid 88--Early 90 Michigan Prime Suspect Mid 88-- New York The Prophet Mid 88--Late 89 Georgia Bust-Hacking Phiber Optik Early 89--Early 90 New York Bust-Hacking ** AKA ** Randy Smith Poof! Dr. Who Skinny Puppy Kerrang Kahn Red Eye Phantom Phreaker ANI Failure / Psychedelic Ranger Doom Prophet Trouble Verify Thomas Covenant Sigmund Fraud / Pumpkin Pete Necron 99 The Urvile Control C Phase Jitter ******************************************************************** >> END OF THIS FILE << *************************************************************************** ------------------------------ From: Moderators Subject: EXHIBIT E from Riggs' Sentencing Memorandum Date: 15 May, 1991 ******************************************************************** *** CuD #3.17: File 5 of 5: EXHIBIT E from Memorandum *** ******************************************************************** EXHIBIT E: Exhibit E comes from The Phoenix Project, a BBS in Texas. The proseuctions' logic seems to claim that the six posts, five from 1990 and one from 1988, show how carefully the CU followed the Morris case and and that the comments demonstrate that fear of harsh sentences would be a deterrent. In fact, the logs show no such thing. (The following were reproduced from the original Phoenix Project logs made available to us with the exception of the post of the December 8, 1988, post, which was typed in from the sentencing memorandum). ++++++++++++ BEGIN EXHIBIT E 58/64: morris Name: The Mentor #1 Date: Tue Jan 23 21:57:27 1990 Robert Morris was found guilty. If he's sentenced to do time, it'll be a *very* bad precedent. <sigh> Mentor Read:(1-64,^58),? : 59/64: BLackmail? Name: Erik Bloodaxe #2 Date: Tue Jan 23 22:51:58 1990 Geez...I'd like to think myself above things like that... In anycase, not everyone has GOOD sensitive information...(not all of us who ARE in this country have the balls to dig where that type of crap is...god I want to move to Australia!) Maybe they'll kick me out of the country! Right...I'm not that important, although I would like to think that I am...hehe hell, maybe it IS time to start doing all the terrible things I always had the capabilities to do on the internet...need to get some "Insurance" maybe...who knows... ->ME 60/64: well Name: Phoenix #17 Date: Wed Jan 24 01:29:23 1990 like i said... im open to better ideas.. coz i we do have sensitive ino... then no matter what we do with it... it will be termed blackmail.. Phoenix4 <and once you have publicised it.. youve played your cards.. andthen theyll mess you up real bad..> Read:(1-64,^61),? : 62/64: i understand... Name: Ravage #19 Date: Wed Jan 24 14:34:03 1990 that the prosecution had a hard time showing malitous (sp!) intent. does anyone know if that is true? if it is true then i doubt he will get any time. probably a fine, community service, a probated time. what is the latest on the ccc guys? have they taken them out and shot them yet? in my previous post i was refering to the publication, through tv, radio,and paper, of sensitive information held by organizations. it would not have to be identified as to sender. therer are plenty of underground, small town, press services (hey how about the gossip rags?) that would be ideal to send that kind of stuff to. not only that but what about the up wire? you could put it in que and it would go all over. grey owl The Urvile #9 11:46 am Thu Dec 08, 1988 christ, i don't know c that well, now c++? fucking a. wheter you realize it or not, the virus will hurt us a tremendous amount in the future. somebody go kill morrison. even if the courts are lax on him, (which is the only silver lining ican think of), then security on all systems is going to increase. we don't need that. not one bit. think about the hacker of tomorrow. how the fuck are they gong to learn? fuck, how are we going to get in a system that we've just dug up (no tricks, no, the brute force method). fuck life. +++++++++++++ END EXHIBIT E The government reproduced sequential messages #58-62 from January 23-24, 1990, but excluded message #61. We obtained it from the original logs. It reads: ++++ Start Post #61 61/64: Morris Convicted Name: Phiber Cut #34 Date: Wed Jan 24 04:43:24 1990 If RTM get's jail time we should all be suprised. What he did was morrally and ethically wrong, and he fucked upt and will now have to pay the piper. However, hej is a very bright person and should not be put in a jail cell with a bunch of hardended ass f**king criminals! Hopefully he'll get some sort of community service and a fine, and this will be enough to kkeep him from fucking up the network in the future. +++++ End Post #61 Exhibit E is used as evidence that "hackers" would be deterred by a substantial sentence, and the Morris case is used as evidence that hackers followed it closely. But, several fallacies underlie this assumption: 1) It is not unusual for computer hobbyists to follow news about their interests. Morris's worm affected many on the nets, and most were aware of his action. Contrary to the claim that "Computer bulletin board services (BBS's) around the country were buzzing about the Morris case" (Sentencing Memorandum, p. 20), there was surprisingly little discussion on most boards other than a simple mention and some brief discussion. On The Phoenix Project, from which the logs for the exhibits were taken, the discussion was intermittent over a several day period, and the exhibit lists only 5 following the conviction. One post was actually taken from December, 1988, over a year before the Morris conviction. Such a dubious selection of posts to try to magnify a the prosecutors' interpretation of them is disingenuous at best. 2) The exhibits totally distort the context of the discussions. We are curious about the omission of post #61 of January 24, 1990. Perhaps it was omitted because the poster explicitly condemns Morris's action as unethical, and this post contradicts the point the prosecution is trying to make. In fact, the general tenor of posts about the Morris incident reflected strong condemnation. But, prosecutors, to the contrary, ignore this and their distortion borders on blatant fabrication. While this may be "good lawyering," it does little to instill respect for the integrity of or confidence in those who fabricate. The CU did not consider Morris a "hacker," and he was never held up as hero or role model. "Hackers," like most others, are as hostile (if not more so) to those who create or spread viruses as law enforcement. Viruses, as Cliff Stoll once suggested (in a quote taken out of context by the media) are like razor blades in the sand. Because "hackers" spend considerable time on the beaches of the cyberworld, they have little sympathy for those cyber-vandals who trash systems. If the prosecutors had been intellectually honest, they would have explained that the meaning of the posts was couched in a hostility for Morris's actions tempered by their understanding that prison was not an appropriate sentence. In fact, even the selective quotes from Exhibit E indicate that the fear that viruses might tighten up security is based on the value that one must *never* trash a system. 3) The prosecution claims that "Clearly, the (Morris) sentence had little effect on defendants Grant, Riggs, and Darden" (Sentencing Memorandum, p. 20). This is outrageously irresponsible. The memorandum states that their activities occured from September, 1987, through July 21, 1989. The Morris incident first made the news in November, 1988, when the virus was released. The verdict occured in January, 1990. MORRIS'S SENTENCE was handed down in MAY of 1990. The prosecution seems to have discovered a revolutionary new approach to causality and chronological sequencing: Riggs, et. al, are expected to have learned in 1987-1989 from events that wouldn't occur until 1990! Mike Godwin (CuD 2.17) and others have raised serious criticisms about the sentence of Riggs especially. The Exhibits were not available at the time of those criticisms. However, now that they are public, the sentences appear even more unjust. Worse, the logic by which they were justified by the prosecution's exhibits strike us as gross hyperbole. More simply, drawing from the definition of police lying by Hunt and Manning (Symbolic Interaction, "The Social Context of Police Lying," 14(1): 51), a strong case might be made that the prosecution LIED! ******************************************************************** ------------------------------ **END OF CuD #3.17** ********************************************************************