[comp.org.eff.talk] What is a \ issue?\

TK0JUT2@netsys.NETSYS.COM (09/23/90)

Mike Godwin believes the "*real issues*" in Craig Neidorf's case were not
addressed, which generated a few comments about what such issues are.  Perhaps
the term "real" is a straw icon, because at one level the only "real issue"
was obtaining for Craig the best defense possible, while for Bill Cook, the
"real issue" was ridding society of such a dangerous menace (he once called
hackers nothing more than "hi-tech street gangs").

Mike is correct in that the broader, more fundamental issues were not
addressed. There seems to be a rather discomforting consistency among the
accounts of those who were visited by SS Special Agent Tim Foley--themes of
intimidation, arrogance, rudeness, deceptive comments and what some described
as "unprofessional behaviors" were not addressed. This raises the issue of
accountability of the agents involved.

The hyperbole of the indictments, which included outrageous attempts to link
Craig to the Legion of Doom and bank robberies and E911 disruption, the
hyperbole of prosecutors in "trial by media," and the attempts to impute (even
fabricate) meanings to portray evidence as far more serious than it was may be
good prosecution strategy, but it is hardly noble.

The issue of what constitutes "stolen" information was never addressed, and
this issue is crucial not only for Len Rose's case, but for anybody who
possesses software copied "without authorization" from another.

The broader issues of privacy, First Amendment protections, and freedom of
association were begged. What is the status of e-mail publications? Does mere
association count as a "conspiracy?" Does use of a handle indicate fraud?

The issue of "punishment without trial" resulting from seizing equipment. We
have been told repeatedly by prosecutors that no warrants can be issued
without *strong* evidence that crimes have been committed. This suggests prior
evidence of wrong-doing such that seizure will simply add further,
corroborative evidence.  We haven't seen many indictments from Sun Devil, and,
to date at least, prosecutors have presented virtually no evidence of the
national criminal rings of conspiratorial hackers they hinted at in initial
press releases and subsequent media appearances.  To some, this seems an abuse
of investigatory power and some of us who believe in law and order *and*
justice would like to see a bit more intelligence displayed by those
responsible for upholding Constitutional principles.

The list goes on, and whatever position one choose to support, the fact
remains that none of these were resolved, let alone addressed. I do not
interpret Mike's (and others') comments as in any way being critical of the
defense team, which performed brilliantly. The point is that these crucial
issues have not been resolved in the courts, and until they are, prosecutors
may continue disruptive and intrusive tactics to get their "test cases." Test
cases may make tighter law, but they also disrupt lives of victims who, from
what we have seen in Sun Devil, are hardly the criminals they have been
portrayed as.