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.