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>C O M P U T E R U N D E R G R O U N D<
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*** Volume 3, Issue #3.11 (April 4, 1991) **
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MODERATORS: Jim Thomas / Gordon Meyer ([email protected])
ARCHIVISTS: Bob Krause / Alex Smith / Bob Kusumoto
POETICA OBSCIVORUM REI: Brendan Kehoe

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 (or
192.55.239.132) (back up and running) and (2)
[email protected] E-mail server:
[email protected].

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.
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

CONTENTS THIS ISSUE:
File 1: Moderators' Corner
File 2: From the Mailbag
File 3: SUNDEVIL ARREST ANNOUNCED 4/13/91
File 4: Northern District (Ill.) Press Release on Len Rose
File 5: Letter to AT&T Cancelling Long-Distance Carrier Service

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From: Moderators
Subject: Moderators' Corner
Date: April 4, 1991

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*** CuD #3.11: File 1 of 5: Moderators' Corner ***
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IN THIS FILE:
1. CASE UPDATES (Ripco, Len Rose, Hollywood Hacker)
2. SUN DEVIL PROSECUTIONS
3. BYTES ON SUN DEVIL AND EFF

++++++++++++
Case Updates
++++++++++++

>>RIPCO: The Ripco case has not been forgotten. Counsel for Dr. Ripco
is holding strategies close to the vest, and because the seizure of
the BBS is alleged by the Secret Service to be part of an on-going
investigation, things move even more slowly. CuD filed an FOIA
request to the Secret Service for information on Ripco, and the
response was:

With regard to Ripco, we regret to inform you that we cannot
comply. according to the Freedom of Information Act, there
are no records or documents available to you.

Persuant to 5 U.S.C. 552 (b) (7) (A), this file is being
exempted since disclosure could reasonably be expected to
interfere with enforcement proceedings. The citation of the
above exemption is not to be construed as the only exemption
which may be available under the Freedom of Information Act.

>>LEN ROSE: Len Rose will be sentenced in May. We are concerned about
the posts we have seen on the nets and in news stories that continue
to construe this as a hacking case. Mike Godwin underscored this
point in a post in RISKS Forum (#11.40):

What makes it unreasonable to claim that Rose is a hacker is
the fact that he had authorized access to every system he
wanted to use. There was no question of unauthorized
intrusion in Len's case.

It bears a lot of repeating that Len pled guilty to
unauthorized possession of Unix source code, not to computer
fraud or unauthorized access.

>>THE HOLLYWOOD HACKER: Stuart Goldman, dubbed "The Hollywood Hacker" by
Fox News, is still facing state felony charges in California for
accessing a computer to which Fox claims he lacked proper
authorization. On the surface, this case seems to illustrate the
dangers of the broad language of the California computer abuse laws
that can make what should require an apology or, at worst, be a low
order misdemeanor, a felony charge. We have been waiting for somebody
to give us evidence to counter the impression that this case was a set
up and an abuse of law, but to date all that we've seen continues to
support the preliminary judgment that this is a case of vindictive
prosecution, *not* hacking.

+++++++++++
First Sun Devil Prosecution
+++++++++++

Barbara and John McMullen's Newsbytes reprint below (File #3)
summarizes the first prosecutions announced from Operation Sun Devil.
Baron M. Majette, a teenager when the alleged offenses occured, was
charged with three counts of fraudulent schemes and artifices and
three counts of conspiracy under Arizona law. For those wishing
information on the case, the case number (Maricopa County) is CR
91-02526: State of Arizona vs. Baron M. Majette aka Doc Savage, aka
Samuel Savage.

The original search affidavit for the search on May 7, 1990, cites "CI
404-235," a "volunteer, paid" Secret Service informant, as the primary
source of the goverment's information. "CI 404-235" was also the
informant responsible for providing information that led to the raid
on RIPCO. In CuD 3.02, we reported that the Secret Service indicated
that this informant ran a sting board that we identified as THE DARK
SIDE (run by a sysop known as THE DICTATOR who continues to call
boards around the country.

+++++++++++++++++++
BYTE's Jerry Pournelle on Operation Sun Devil and the EFF
+++++++++++++++++++

Jerry Pournelle, noted science fiction author and computer columnist, hands
out his annual "Orchid and Onion" awards in the April 1991 issue of BYTE
magazine. (pp 91 -101) Two of this year's 'awards' are of interest to CuD
readers:

_The Big Onion_
And the Onion of the Year, with Garlic Clusters, goes to
Special Agent Tim Foley of the Chicago office of the U.S.
Secret Service. While I have good reason to know that many
Secret Service people are conscientious and highly competent,
Mr. Foley's actions in Austin, Texas, regarding Steve Jackson
Games no only exceeded his authority, bu weren't even half
competently done.
All told, a sorry chapter in the history of the Secret
Service, and no service at all to those genuinely concerned
with electronic fraud and computer crimes.

_The Big Orchid_
The Orchid of the Year goes to Mitch Kapor, for funding the
Electronic Freedom Foundation and providing legal help and
support to Steve Jackson, whose business was nearly ruined by
the Secret Service in Austin. I hold no brief for electronic
thieves and snoops, but many of last year's government
actions were worse than the disease.
Thanks, Mitch, from all of us.

Source: BYTE Magazine April 1991 Vol 16, Number 4 pp 92,93

+++++++++
THE EFFECTOR
+++++++++

The first copy of the EFF's hardcopy newsletter, THE EFFECTOR, came
out and the content and form are great! Highlights include a history
of the EFF by John Perry Barlow and Mitch Kapor's summary of the goals
of EFF (yes, he *explicitly* states that the EFF unequivocally opposes
unauthorized computer trespass). To get on either the hardcopy or net
mailing list, drop a note to [email protected]

++++++++++++++
PHRACK Index
++++++++++++++

Timothy Newsham compiled a complete index for PHRACK. It's about 50 K
and is available from the CuD ftp sites and Ripco BBS.

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