Date: Fri, 8 May 1992 15:27:50 -0500
From: Moderators <
[email protected]>
Subject: File 5--Pay Craig's Legal Fees For 29 Cents?
Craig Neidorf's legal fees, incurred from his defense against felony
charges in the "PHRACK" case, remain high. He is paying them off
bit-by-bit, but the process is slow.
For new readers, Craig was indicted by the U.S. Government on charges
of wire fraud and theft as the result of publishing what federal
prosecutor William J. Cook erroneously believed to be proprietary
information. Because of the efforts of John Nagle, Sheldon Zenner
(Craig's attorney) was able to show that the information published in
Phrack was available in public documents for about $12.95 (see Bob
Izenberg's post, above). The prosecution dropped the case even before
it finished presenting it. Craig's "victory" exacted an emotional and
financial toll. His legal expenses were in excess of $100,000 even
after generous help from supporters.
Craig's case represented a landmark in the relationship of cyperspace
and the law. It marked the beginning of the Electronic Frontier
Foundation and Cud; it created an awareness of the need to fight for
the same Constitutional protections in the electronic frontier as
exist in more conventional realms; it stimulated involvement of a
number of socially conscious persons from a broad spectrum of
professions (e.g., Mitch Kapor, Dorothy Denning, Jim Warren, John
Perry Barlow, Marc Rotenberg); it challenged (and reduced) what some
saw as the abuse of power by law enforcement agents and prosecutors in
pursuing "computer crime"; and it led to open public debates about
over both the freedoms and the responsibilities of the new electronic
world.
Craig was initially tempted to accept a plea-bargain. In some ways,
this would have been more beneficial: He would have lower legal fees
and it would not have been as disruptive to his life. He chose to
fight on principle, and we have all benefited from his choice.
We can *ALL* help Craig for only a few minutes and a 29 cent stamp.
Craig as been nominated for a Playboy Foundation award worth $5,000
toward his legal fees. The award is for those who have contributed to
protecting First Amendment rights, and Craig's contributions to
stimulating public awareness of and action on such rights in
cyberspace is undeniably significant. Here's the blurb for the award:
PLAYBOY FOUNDATION OPENS NOMINATIONS FOR 1992 HUGH M.
HEFNER FIRST AMENDMENT AWARDS
"Established in 1979 by the Playboy Foundation to celebrate the
25th Anniversary of Playboy Magazine, the awards program is
designed to educate the public about First Amendment issues and
to honor individuals who have made significant contributions to
enhance and protect First Amendment rights of Americans."
Readers are encouraged to send a letter in support of Craig Neidorf's
nomination to:
Jill Chukerman or Kris Farley
Playboy Foundation
680 North Lake Shore Drive
Chicago, IL 60611
(312)751-8000
NOTE: THE DEADLINE FOR LETTERS IS MAY 22 !! The winners will be
announced in September. Below is a rough draft of our own letter:
+++ cut here +++
9 May, 1992
Jill Chukerman or Kris Farley
Playboy Foundation
680 North Lake Shore Drive
Chicago, IL 60611
Dear Persons:
I am writing in support of Craig Neidorf's nomination for the Playboy
Foundation's "Hugh M. Hefner First Amendment Award." Craig's
contributions to enhance Constitutional protections of the First
Amendment have been unique and substantial. At extreme personal cost,
he chose to fight for a Constitutional principle he believed in, which
ultimately led to an awareness by others of the need to protect the
rights of electronic media.
While in highschool, Craig founded an electronic newsletter called
PHRACK that was available to the public by means of a computer and a
telephone modem. PHRACK published a variety of articles and news
blurbs, authored by others, on computer culture. In 1989 (Craig was
now a senior at the University of Missouri), PHRACK published a
document that BellSouth (a regional Bell telephone company) asserted
was "proprietary," and its publication, it argued, indicated theft and
wire fraud. In early 1990, the U.S. Secret Service acted on these
allegations. Craig was tried in July, 1990. The defense demonstrated
that the material published in PHRACK was available to the general
public for about $12.95, and the prosecution dropped the case.
Although he "won," the victory disrupted his academic performance
and resulted in over $100,000 in defense fees.
Craig could have accepted the advice of his friends, who argued that
it would be both cheaper and less traumatic to accept a plea bargain
than to fight his case in federal court. However, Craig recognized
that there were a number of principles involved. He was especially
concerned that a large corporation, aided by seemingly over-zealous
law enforcement personnel, could produce a "chilling effect" on the
rights to expression by intimidating and punishing those who published
material it did not like. Craig chose to fight.
Craig's choice had substantial consequences. His case generated
considerable interest among users of electronic media, and it seemed
to many that Craig was being victimized unjustly for publishing in
electronic form the type of material that would have been accepted in
a more conventional paper format. In fighting for the principle of
freedom of speech, Craig stimulated others to organize and participate
in protecting and enhancing Constitutional liberties in the electronic
frontier. Craig is a courageous pioneer who put principle before
personal expediency. If not for his willingness to resist encroachment
on First Amendment freedoms, there would not be the current interest
in organizing to protect them in the electronic media.
Craig intends to enter law school and pursue his interest in civil
liberties. His actions exemplify the spirit of the Award making him a
most-deserving candidate, hope that you share the views of myself and
others that he would be a worthy recipient.
If I can provide any further information, do not hesitate to contact
me.
Sincerely,
Jim Thomas
Professor, Sociology/Criminal Justice
Northern Illinois University
DeKalb, IL 60115
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