[comp.org.eff.talk] Is there an equivalent of "The Anarchist Cookbook" in Cyberspace?

earle@elroy.jpl.nasa.gov (Greg Earle (Sun Software)) (06/17/91)

I have this vague memory of once upon a time hearing that someone had ruled
that it was OK to publish (and sell) the book "The Anarchist Cookbook" because
there was a difference between publishing information which could possibly be
used to perform illegal/immoral/unethical acts, and actually *using* that same
information to perform said illegal/immoral/unethical act.  Is that a correct
recollection?

If so, is there anything similar in the world of computers?  For example, here
is the best example I can think of:

You see an anonymous posting in a random newsgroup, the contents of which are

	From: somebody@somewhere.ORG	(Anonymous)
	Subject: Puzzler

	echo "0x1234?w 0x5678" | adb something -

Is this a posting which acquires culpability by itself?

Let's go one step further.  What if someone figures out what "something" is,
and posts a followup:

	From: joeuser@normal.known.ORG	(Joe User)
	Subject: Re: Puzzler

	Ooh!  Ooh!  I know!  I know!

	That's a patch for the new FrameMaker 3.0 port to the Collossus X-1000!
	It enables the "Save" feature!!

Now there is a tie between the original posting and a piece of commercial
software (e.g.).  How does this change things?  Is the culpability of the
original posting the same, or does the fact that there is now a known
connection to its purpose add to it?  And what about the culpability of the
second poster, for exposing the intended program (note that the original
posting makes no mention of the purpose; this just as an added twist)?

Finally, how does this relate to something like "The Anarchist Cookbook"?
Is the original poster culpable for publishing such information, in the
sense that the "The Anarchist Cookbook" was originally held culpable for also
publishing information?

Lastly, if (e.g.) Frame Technologies determined the original poster's identity
and determined their employer, would they be justified in demanding that the
original poster's employer fire the poster?  Same thing for the followup
poster?  Or justified in demanding damages from the original poster's 
employer?  Etc. etc.

(This is vaguely based on a case I saw on the net, where people posted
a JPEG program in binary form and someone posted a patch for it to
enable large images)

jet@karazm.math.uh.edu (J Eric Townsend) (06/17/91)

In answer to your subject: line question, yes.  An of the following
are equiv:

Any degree in MIS,
A CS undergraduate degree from any number of universities,
IBM AIX 3.? on-line documentation or SMIT.


In article <1991Jun16.202928.21626@elroy.jpl.nasa.gov> earle@elroy.jpl.nasa.gov (Greg Earle (Sun Software)) writes:
>used to perform illegal/immoral/unethical acts, and actually *using* that same
>information to perform said illegal/immoral/unethical act.  Is that a correct
>recollection?

Yep.

>Finally, how does this relate to something like "The Anarchist Cookbook"?
>Is the original poster culpable for publishing such information, in the
>sense that the "The Anarchist Cookbook" was originally held culpable for also
>publishing information?

Maybe, maybe not.  There's no real record of people getting tossed
in jail for publishing dangerous material (there have been attempts
at prior restraint, including the plans for an atomic bomb).

Rather extreme books have been published, however.

There was (is?) a book called _Steal This Book_, later retitled
_The "Steal Yourself Rich" Book_, by the late Abbie Hoffman (written
in the Cook County Jail, 1970).  Where "Anarchist Cookbook" is juvenile,
maybe-it'll-work fantasy, STB is full of information related to living
underground, based on Hoffman's personal experiences.  It's three main
topics are "Survive!", "Fight!", and "Liberate!".  The information is
good  (including the forign-coin/american coin conversions, advice
on shoplifting, etc) if a bit outdated.

It only had one major problem.  It's original title, _Steal This Book_,
was taken very literally, so the publishers (forced by bookstores)
had it changed.  I can find no evidence of an attempt by law enforcement
to ever ban its publication.  Surprising, since it describes great
ways to "fuck with the pigs"...

>Lastly, if (e.g.) Frame Technologies determined the original poster's identity
>and determined their employer, would they be justified in demanding that the

Justified is a moral term, not a legal one.  Companies yell and
scream at one another (and even sue) all of the time.  I've gotten
more than one nasty letter from a company regarding things I've said
about them in public forums.  It's usually just along the lines of
"Better watch it, or we'll come and get you."

>Or justified in demanding damages from the original poster's 
>employer?

Good question.  I'm no lawyer (thank earth), but it would seem it
would be easier to get moeny from the poster than from the poster's
employer.


--
J. Eric Townsend - jet@uh.edu - bitnet: jet@UHOU - vox: (713) 749-2126
Skate UNIX! (curb fault: skater dumped)

   --  If you're hacking PowerGloves and Amigas, drop me a line. --

miron@cs.sfu.ca (Miron Cuperman) (06/17/91)

earle@elroy.jpl.nasa.gov (Greg Earle (Sun Software)) writes:

>Now there is a tie between the original posting and a piece of commercial
>software (e.g.).  How does this change things?  Is the culpability of the
>original posting the same, or does the fact that there is now a known
>connection to its purpose add to it?  And what about the culpability of the
>second poster, for exposing the intended program (note that the original
>posting makes no mention of the purpose; this just as an added twist)?

Well, I can give you a moral answer but I doubt that the current legal
system has any strong inclination to be moral.

The moral answer is that nobody is responsible for another person's actions.
Since the act of publishing information does not in itself cause harm,
the poster is not doing anything immoral.  If somebody actually uses
the information for theft, that is immoral and the user is the only
person responsible.

>Lastly, if (e.g.) Frame Technologies determined the original poster's identity
>and determined their employer, would they be justified in demanding that the
>original poster's employer fire the poster?  Same thing for the followup
>poster?  Or justified in demanding damages from the original poster's 
>employer?  Etc. etc.

The can demand all they want.

--	
	By Miron Cuperman <miron@cs.sfu.ca>