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- ------------------------------
-
- From: Various
- Subject: The CU in the News
- Date: May 1, 1991
-
- ********************************************************************
- *** CuD #3.15: File 2 of 3: The CU in the News ***
- ********************************************************************
-
- From: the moderators' <72307.1502@COMPUSERVE.COM>
- Subject: BBS estimates
- Date: 19 Apr 91 02:54:22 EDT
-
- One of the dilemmas facing researchers covering the Net is estimating
- how many small BBSs exist at any given time. Thankfully there is no
- national registration of systems, but still it is useful to have some
- idea of the type of impact BBS regulation (either by decree or de facto)
- could have. I recently found some more estimates of the number of BBSs and
- modems in this country.
- +++++++++++++++++++++++++++++++
-
- Source: "Modem Mania: More Households Go Online Every Day"
- Dennis B. Collins
- California Computer News
- April 1991
- p26
-
- Get your scissors. Here come some statistics you'll want to save. I've
- been doing a lot of research lately regarding computer bulletin board
- systems (BBSs). Prodigy's research and development department said that
- 30 percent of American homes have some sort of PC. Of these homes, 20
- percent have a modem. This means that six percent of all homes have the
- capability to obtain computer data via phone line! The Information Age
- is now in its infancy - it is here and it is real. It is also growing at
- a rate of 400 percent a year.
-
- CompuServe and Prodigy both claim 750,000 paying customers. Prodigy
- stresses that their figures reflect modems at home only. They have no
- count of businesses. Local system operators tell me a significant number
- of calls originate from offices - their "guesstimate" is that office use
- may increase the figures by another 20 percent.
-
- (...)
-
- The question keeps coming up: How many BBSs are there? Nobody knows.
- In Sacramento, the best guess is about 200. Worldwide, the number is
- quickly growing. About two years ago I obtained a list of BBS members of
- FidoNet. At the time there were about 6,000 member systems. The
- January 1991 Node lists over 11,000 BBSs worldwide! It is important to
- note that there are several large networks, of which FidoNet is only
- one. U.S. Robotics claims to have a list of 12,000 BBSs that use their
- modems in this country alone. [if this estimate is based on their sales
- of HST modems to sysops, it is open to debate. - Moderators'] It is clear
- that millions of individuals are using PC telecommunications and the numbers
- are getting larger.
-
- ------------------------------
-
- From: The moderators' <72307.1502@COMPUSERVE.COM>
- Subject: Pirate or Bootlegger?
- Date: 18 Apr 91 01:12:07 EDT
-
- In the past we have complained about the software industrys' lack of
- differentiation between software piracy and the sale of bootleg copies
- of commercial products. However a recent article in "Lan Times"
- reflected a new care in correctly identifying two distinct segments of
- the software copyright problem. We reprint the first few paragraphs
- here as an illustration of how clarifying each area (piracy vs
- bootlegging) can aid in understanding a complex problem. We hope that
- other journalists, and even the SPA, adopt this more precise language in
- future treatments of the topic.
- ++++++++++++++++++++
-
- Source: "Software Piracy Now Costs Industry Billions: But software
- authentication devices can protect your investment from thieves"
- Charles P. Koontz
- Previews
- LAN TIMES March 18, 1991
- pp75-76
-
- About a zillion years ago when I first read _Swiss Family Robinson_, I
- always wondered why the Robinson family was so fearful of Malaysian
- pirates. After all, I was accustomed to the proper civilized pirates in
- all the Errol Flynn movies. But it turns out the Malaysian variety were
- much worse. The same is true of the pirates that prey on the modern
- software industry.
-
- In the software industry, the civilized pirates are the ones who copy an
- occasionally program from a friend without paying for it.. Most of us at
- lest know someone who's done it. I've heard of places where none of the
- software in an office is legal.
-
- Civilized pirates are still thieves and they break the law, but they
- have a better attitude. They should look into shareware as an
- alternative source. It's almost as cheap and often every bit as good.
-
- In the software industry, the crook who makes a living by making and
- selling copied software is the modern equivalent of a Malaysian pirate.
- The fact that a lot of them are located in the orient where piracy may
- not be illegal helps the analogy. It seems however that the practice is
- spreading to more local climates.
-
- The process is fairly simple and requires only a small investment to get
- started. At the simplest level, all the pirate needs is a copy of a
- popular program, a PC, and a place to duplicate the distribution
- diskettes. More sophisticated pirates have factories employing dozens
- of workers running high-speed disk duplicators and copy machines so they
- can include the manual in their shrink-wrapped counterfeit package. Some
- even copy the silk screening on the manual covers. They then find a
- legitimate outlet for the software. The customer only finds out that
- the company is bogus when he calls for technical support, if the real
- manufacturer tracks serial numbers.
-
- Software piracy has become a part of the cost of doing business for
- major software manufacturers. The Software Publishers Association (SPA)
- estimates that piracy costs the software industry between 1.5 and 2
- billion dollars annually in the USA alone. Worldwide estimates range
- from 4 to 5 billion dollars. The legitimate domestic software market
- accounts for only 3 billion dollars annually. The SPA estimates that
- for every copy of legal software package, there is at least one illegal
- copy. If you think this is an exaggeration, just consider all the
- illegal copies you know about.
-
- [rest of article discusses hardware anti-piracy devices]
-
- ------------------------------
-
- From: dogface!bei@CS.UTEXAS.EDU(Bob Izenberg)
- Subject: Dutch Hackers article and reaction
- Date: Mon, 22 Apr 91 05:14:53 CDT
-
- FROM THE SUNDAY, APRIL 21ST NEW YORK TIMES
- Dutch break into U.S. computers from 'hacker haven'
- By John Markoff
- New York Times Service
-
- Beyond the reach of American law, a group of Dutch computer intruders
- has been openly defying United States military, space and intelligence
- authorities for almost six months.
-
- Recently the intruders broke into a U.S. military computer while being
- filmed by a Dutch television crew.
-
- The intruders, working over local telephone lines that enable them to
- tap American computer networks at almost no cost, have not done
- serious damage and haven't penetrated the most secure government
- computer systems, federal investigators say.
-
- The group, however, has entered a wide range of computer systems with
- unclassified information, including those at the Kennedy Space Center,
- the Pentagon's Pacific Fleet Command, the Lawrence Livermore National
- Laboratory and Stanford University.
-
- U.S. government officials said they had been tracking the interlopers,
- but no arrests have been made because there are no legal restrictions
- in the Netherlands on unauthorized computer access.
-
- "This has been a terrible problem," said Gail Thackeray, a former
- Arizona assistant attorney general who has prosecuted computer crimes.
- "Until recently there have been few countries that have computer crime
- laws. These countries are acting as hacker havens."
-
- American law-enforcement officials said they believed there were three
- or four members of the Dutch group, but would not release any names.
- A Dutch television news report in February showed a member of the
- group at the University of Utrecht reading information off a computer
- screen showing what he said was missile test information taken from a
- U.S. military computer. His back was to the camera, and he was not
- identified.
-
- Because there are no computer crime laws in the Netherlands, American
- investigators said the Dutch group boasts that it can enter computers
- via international data networks with impunity.
-
- One computer expert who has watched the electronic recordings made of
- the group's activities said the intruders do not demonstrate any
- particularly unusual computer skills, but instead appear to have
- access to documents that contain recipes for breaking computer
- security on many U.S. systems. These documents have been widely
- circulated on underground systems.
-
- The computer expert said he had seen several recordings of the
- break-in sessions and that one of the members of the group used an
- account named "Adrian" to break into computers at the Kennedy Space
- Center and the Pentagon's commander in chief of the Pacific.
-
- (end of Markoff's article)
-
- The view of the United States as the world's policeman sure dies
- hard, doesn't it? Maybe it frosts a certain ex-public servant's
- behind, but these people *are* living within the laws of their own
- country. They're not expatriate citizens that fled to the Netherlands
- for freedom like some boatload of digital pilgrims. What business of
- ours could their laws possibly be? If you're going to stop
- clandestine access by foreign citizens, stop it at our border
- (electronic or physical.) I believe that it's a little premature to
- take the SunDevil Traveling Minstrel Show on the road, seeing as it
- hasn't exactly wowed 'em in Peoria. That's where sentiments like Our
- Gail's lead, to us taking this two-bit carny out to fleece the
- unsuspecting. I'm sure that a few DEA retreads could be dusted off
- and sent abroad. Their mission: To show those countries without
- former assistant attorneys general of their own the path to true
- government control of computer resources. I even think that I can
- guess who the first Secret Service agent to be volunteered out of the
- States will be...
-
- You don't have to know much about the relationship between the DEA,
- Customs and Mexican law enforcement to know that we may export our
- laws, but rarely our protections. I don't believe that the
- aforementioned do-gooders arriving on Dutch soil, pockets stuffed with
- example search and seizure warrants, will have so much as a copy of
- the ECPA or the EFF charter on them. It's not their job to teach
- another country what freedoms it should have. Only which
- prohibitions.
-
- I strongly regret, by the way, that no U.S. law enforcement official
- saw fit to tell Mr. Markoff whether this was a loosely-organized group
- of hackers or a tightly knit group of hackers. Maybe they're a
- tightly knit group of hackers in the process of unraveling into a
- loosely organized group of hackers. I certainly hope somebody tells
- the Dutch to keep their conspiracy labels straight. There's no reason
- that they can't learn from our mistakes, after all.
-
- An astute friend of mine has mentioned that 'graphs 9 and 10 of Mr.
- Markoff's article are another riff on the "Evils of Phrack"
- traditional. We wouldn't have all these untrained Dutchmen breaking
- in and reading our unclassified material if that Neidorf guy... no,
- wait, we dropped that case... well, that Emmanuel Goldstein... no,
- he's not on the list... well, that Steve Jackson guy... no, we were
- confused when we raided him... well, Riggs, Darden and Grant... yeah,
- we did kinda take the word of a perjuring witness to get
- jurisdiction... well, that Len Rose, we treated him like the wrecking
- ball aimed at the pillars of society that he is, and if we hadn't got
- him, there'd be even more Dutchmen roaming through our computers than
- there are now.
-
- If common sense rules, the good Netherlands officials will put the
- hypothetical visiting cybercops right back on the plane. The snake
- oil that they're selling is for domestic consumption only. And who
- knows, maybe you and I won't buy any, either.
-
- ------------------------------
-
- From: "Michael E. Marotta" <MERCURY@LCC.EDU>
- Subject: News from Michigan
- Date: Sun, 28 Apr 91 16:26 EST
-
- GRID News. ISSN 1054-9315. vol 2 nu 11x&12x CUD SpecEd 04/28/91
- World GRID Association, P. O. Box 15061, Lansing, MI 48901 USA
- ----------------------------------------------------------------
- (1) Libertarian Party Candidate Says Yes! to Hackers
-
- According to LP presidential hopeful, Andre Marrou, 35% of the
- dues-paying members of his party are computer programmers. Despite
- the fact that Marrou had never heard of Craig Neidorf or Operation
- Sundevil, he had strong opinions on the issues. "A computer is a
- printing press. You can churn out stuff on the printer." He did not
- move away from the paradigms print gave him but at least he was at a
- loss to understand how anyone could not see something so obvious, that
- a computer is a printing press.
-
- Then he defended a special kind of hacking. "If you mean hacking to
- get into government computers to get the information, there is nothing
- wrong with that. There is too much secrecy in government. There is a
- principle that the information belongs to the people. 99% of the
- classified material is not really important. With hackers most of the
- stuff they want to get into should be public in the first place.
- Anything the government owns belongs to all of us. Like in real
- estate you can get information from the county and I'd extend that
- rule of thumb. It would be a good thing if they could get into the
- IRS data files."
-
- In line with mainstream libertarian thought, both Andre Marrou his
- campaign manager, Jim Lewis (also a former LP veep candidate), said
- that they support the idea of government-granted patents. Marrou said
- he had never heard of patents being granted for software but knew that
- software can be copyrighted. Andre Marrou graduated from MIT.
-
- (2) Telecom Bills Move Forward, Meet Opposition
-
- "Competition and innovation will be stifled and consumers will pay
- more for telephone service if the Legislature approves the
- telecommunication legislation now before Senate and House committees,"
- said 15 lobbyists speaking through the Marketing Resource Group.
- Representatives from the AARP, AT&T, MCI, Michigan Cable Television
- Association, and the Michigan Association of Realtors all agreed that
- it would be wrong to let the local exchange carriers sell cable
- television, long distance and information services and manufacture
- equipment.
-
- The AARP has opposed this legislation because they do not see a limit
- on the cost of phone service. According to the bill BASIC phone rates
- would be frozen forever at their November 1990 level. However, there
- is no limit on charges for "enhanced services." There is also no
- DEFINITION of "enhanced service" but most people involved in the bill
- have cited call forwarding, call waiting, fax and computer.
-
- Other provisions of the proposed law would regulate all "information
- providers." Further, those who provide information from computers via
- the telephone would receive their service "at cost." This provision
- takes on new colors in light of a Wall Street Journal story from Jan.
- 9, 1991, issued along with press release materials from Marketing
- Resources. That story outlines how NYNEX inflated its cost figures
- selling itself services far in excess of the market rate.
-
- Interestingly enough, increased competition is one of the goals cited
- by the bill's key sponsor, Senate Mat Dunaskiss.
-
- ------------------------------
-
- From: Anonymous
- Subject: San Luis Obispo (Calif.) "Busts" are a Bust?
- Date: 25 Apr 91 01:45:19 PDT
-
- (I found the following articles on PC-Exec BBS in Milwaukee. I haven't
- seen it discussed, so here it is for Cu News-- A.)
-
-
-
- AMATEUR HACKERS TRIPPED UP
- By Danna Dykstra Coy
-
- This article appeared in the Telegram-Tribune Newspaper, San Luis
- Obispo, CA. March 23, 1991. Permission to electronically reproduce
- this article was given by the newspaper's senior editor.
-
- *****
-
- San Luis Obispo police have cracked a case of computer hacking. Now
- they've got to work out the bugs. Officers were still interviewing
- suspects late Friday linked to a rare case of computer tampering that
- involved at least four people, two of them computer science majors
- from Cal Poly.
-
- The hackers were obvious amateurs, according to police. They were
- caught unknowingly tapping into the computer system in the office of
- two local dermatologists. The only information they would have
- obtained, had they cracked the system's entry code, was patient
- billing records.
-
- Police declined to name names because the investigation is on-going.
- They don't expect any arrests, though technically, they say a crime
- has been committed. Police believe the tampering was all in fun,
- though at the expense of the skin doctors who spent money and time
- fixing glitches caused by the electronic intrusion.
-
- "Maybe it was a game for the suspects, but you have to look at the
- bigger picture," said the officer assigned to the case, Gary Nemeth.
- "The fact they were knowingly attempting to access a computer system
- without permission is a crime." Because the case is rare in this
- county, police are learning as they go along. "We will definitely
- file complaints with the District Attorney's Office," said Nemeth.
- "They can decide whether we've got enough of a case to go to trial."
-
- Earlier this month San Luis dermatologists James Longabaugh and
- Jeffrey Herten told police they suspected somebody was trying to
- access the computer in the office they share at 15 Santa Rosa St. The
- system, which contains patient records and billing information,
- continually shut down. The doctors were unable to access their
- patients' records, said Nemeth, and paid a computer technician at
- least $1,500 to re-program their modem.
-
- The modem is a device that allows computers to communicate through
- telephone lines. It can only be accessed when an operator "dials" its
- designated number by punching the numbers on a computer keyboard. The
- "calling" computer then asks the operator to punch in a password to
- enter the system. If the operator fails to type in the correct
- password, the system may ask the caller to try again or simply hang
- up. Because the doctors' modem has a built-in security system,
- several failed attempts causes the system to shut down completely.
-
- The technician who suspected the problems were more than mechanical,
- advised the doctors to call the police. "We ordered a telephone tap
- on the line, which showed in one day alone 200 calls were made to that
- number," said Nemeth. "It was obvious someone was making a game of
- trying to crack the code to enter the system." The tap showed four
- residences that placed more than three calls a day to the doctors'
- computer number. Three of the callers were from San Luis Obispo and
- one was from Santa Margarita. From there police went to work.
-
- "A lot of times I think police just tell somebody in a situation like
- that to get a new phone number," said Nemeth, "and their problem is
- resolved. But these doctors were really worried. They were afraid
- someone really wanted to know what they had in their files. They
- wondered if it was happening to them, maybe it was happening to
- others. I was intrigued."
-
- Nemeth, whose training is in police work and not computer crimes, was
- soon breaking new ground for the department. "Here we had the
- addresses, but no proper search warrant. We didn't know what to name
- in a search warrant for a computer tampering case." A security
- investigator for Pacific Bell gave Nemeth the information he needed:
- disks, computer equipment, stereos and telephones, anything that could
- be used in a computer crime.
-
- Search warrants were served at the San Luis Obispo houses Thursday and
- Friday. Residents at the Santa Margarita house have yet to be served.
- But police are certain they've already cracked the case. At all three
- residences that were searched police found a disk that incorrectly
- gave the doctors' phone number as the key to a program called "Cygnus
- XI". "It was a fluke," said Nemeth. "These people didn't know each
- other, and yet they all had this same program". Apparently when the
- suspects failed to gain access, they made a game of trying to crack
- the password, he said. "They didn't know whose computer was hooked up
- to the phone number the program gave them," said Nemeth. "So they
- tried to find out."
-
- Police confiscated hundreds of disks containing illegally obtained
- copies of software at a residence where two Cal Poly students lived,
- which will be turned over to a federal law enforcement agency, said
- Nemeth.
-
- Police Chief Jim Gardner said he doesn't expect this type of case to
- be the department's last, given modern technology. "What got to be a
- little strange is when I heard my officers talk in briefings this
- week. It was like I need more information for the database'." "To
- think 20 years ago when cops sat around and talked all you heard about
- was ' cases and dope dealers."
- (End)
-
- ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
-
-
- COMPUTER CASE TAKES A TWIST
- By Danna Dykstra Coy
-
- This article appeared in the Telegram-Tribune Newspaper, San Luis
- Obispo, CA. March 29, 1991. Permission to electronically reproduce
- this article was given by the newspaper's senior editor.
-
- *****
-
- A suspected computer hacker says San Luis Obispo police overreacted
- when they broke into his house and confiscated thousands of dollars of
- equipment. "I feel violated and I'm angry" said 34-year-old engineer
- Ron Hopson. All of Hopson's computer equipment was seized last week
- by police who believed he may have illegally tried to "hack" his way
- into an office computer belonging to two San Luis Obispo
- dermatologists. Police also confiscated equipment belonging to three
- others.
-
- "If police had known more about what they were doing, I don't think it
- would have gone this far," Hopson said. "They've treated me like a
- criminal, and I was never aware I was doing anything wrong. It's like
- a nightmare." Hopson, who has not been arrested in the case, was at
- work last week when a neighbor called to tell him there were three
- patrol cars and two detective cars at his house. Police broke into
- the locked front door of his residence, said Officer Gary Nemeth, and
- broke down a locked door to his study where he keeps his computer.
- "They took my stuff, they rummaged through my house, and all the time
- I was trying to figure out what I did, what this was about. I didn't
- have any idea."
-
- A police phone tap showed three calls were made from Hopson's
- residence this month to a computer at an office shared by doctors
- James Longabaugh and Jeffrey Herten. The doctors told police they
- suspected somebody was trying to access the computer in their office
- at 15 Santa Rosa St. Their system, which contains patient records and
- billing information, kept shutting down. The doctors were unable to
- access their patients' records, said Nemeth. They had to pay a
- computer technician at least $1,500 to re-program their modem, a
- device that allows computers to communicate through telephone lines.
-
- Hopson said there is an easy explanation for the foul-up. He said he
- was trying to log-on to a public bulletin board that incorrectly gave
- the doctors number as the key to a system called "Cygnus XI". Cygnus
- XI enabled people to send electronic messages to one another, but the
- Cygnus XI system was apparently outdated. The person who started it
- up moved from the San Luis Obispo area last year, and the phone
- company gave the dermatologists his former number, according to
- Officer Nemeth.
-
- Hopson said he learned about Cygnus XI through a local computer club,
- the SLO-BYTES User Group. "Any of the group's 250 members could have
- been trying to tap into the same system", said Robert Ward, SLO-BYTES
- club secretary and computer technician at Cal Poly. In addition, he
- suspects members gave the phone number to fellow computer buffs and
- could have been passed around the world through the computer
- Bulletin-Board system. "I myself might have tried to access it three
- or four times if I was a new user," he said. "I'd say if somebody
- tried 50 times, fine, they should be checked out, but not just for
- trying a couple of times."
-
- Police said some 200 calls were made to the doctors modem during the
- 10 days the phone was tapped. "They say, therefore, its obvious
- somebody is trying to make a game of trying to crack the computer
- code", said Hopson. "The only thing obvious to me is a lot of people
- have that published number. Nobody's trying to crack a code to gain
- illegal access to a system. I only tried it three times and gave up,
- figuring the phone was no longer in service."
-
- Hopson said he tried to explain the situation to the police. "But
- they took me to an interrogation room and said I was lying. They
- treated me like a big-time criminal, and now they won't give me back
- my stuff." Hopson admitted he owned several illegally obtained copies
- of software confiscated by police. "But so does everybody," he said,
- "and the police have ever right to keep them, but I want the rest of
- my stuff."
-
- Nemeth, whose training is in police work and not computer crimes, said
- this is the first such case for the department and he learning as he
- goes along. He said the matter has been turned over to the District
- Attorney's Office, which will decide whether to bring charges against
- Hopson and one other suspect.
-
- The seized belongings could be sold to pay restitution to the doctors
- who paid to re-program their system. Nemeth said the police are
- waiting for a printout to show how many times the suspects tried to
- gain access to the doctors' modem. "You can try to gain access as
- many times as you want on one phone call. The fact a suspect only
- called three times doesn't mean he only tried to gain access three
- times."
-
- Nemeth said he is aware of the bulletin board theory. "The problem is
- we believe somebody out there intentionally got into the doctors'
- system and shut it down so nobody could gain access, based on evidence
- from the doctors' computer technician," said Nemeth. "I don't think
- we have that person, because the guy would need a very sophisticated
- system to shut somebody else's system down." At the same time, he
- said, Hopson and the other suspects should have known to give up after
- the first failed attempt. "The laws are funny. You don't have to
- prove malicious intent when you're talking about computer tampering.
- The first attempt you might say was an honest mistake. More than
- once, you have to wonder."
-
- Police this week filled reports with the District Attorney's Office
- regarding their investigation of Hopson and another San Luis Obispo
- man suspected of computer tampering. Police are waiting for Stephen
- Brown, a deputy district attorney, to decide whether there is enough
- evidence against the two to take court action. If so, Nemeth said he
- will file reports involving two other suspects, both computer science
- majors from Cal Poly. All computers, telephones, computer instruction
- manuals, and program disks were seized from three houses in police
- searches last week. Hundreds of disks containing about $5,000 worth
- of illegally obtained software were also taken from the suspects'
- residences.
-
- Police and the District Attorney's Office are not naming the suspects
- because the case is still under investigation. However, police
- confirmed Hopson was one of the suspects in the case after he called
- the Telegram-Tribune to give his side of the story.
-
- ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
-
-
- HACKERS' OFF HOOK, PROPERTY RETURNED
- By Danna Dykstra Coy
-
- This article appeared in the Telegram-Tribune Newspaper, San Luis
- Obispo, CA. April 12, 1991. Permission to electronically reproduce
- this article was given by the newspaper's senior editor.
-
- *****
-
- Two San Luis Obispo men suspected of computer tampering will not be
- charged with any crime. They will get back the computer equipment
- that was seized from their homes, according to Stephen Brown, a deputy
- district attorney who handled the case. "It appears to have been a
- case of inadvertent access to a modem with no criminal intent," said
- Brown. San Luis Obispo police were waiting on Brown's response to
- decide whether to pursue an investigation that started last month.
- They said they would drop the matter if Brown didn't file a case.
-
- The officer heading the case, Gary Nemeth, admitted police were
- learning as they went along because they rarely deal with computer
- crimes. Brown said he doesn't believe police overreacted in their
- investigation. "They had a legitimate concern."
-
- In early March two dermatologists called police when the computer
- system containing patient billing records in their San Luis Obispo
- office kept shutting down. They paid a computer technician about
- $1,500 to re-program their modem, a device that allows computers to
- communicate through the telephone lines. The technician told the
- doctors it appeared someone was trying to tap into their system. The
- computer's security system caused the shutdown after several attempts
- to gain access failed.
-
- Police ordered a 10-day phone tap on the modem's line and, after
- obtaining search warrants, searched four residences where calls were
- made to the skin doctors' modem at least three times. One suspect,
- Ron Hopson, said last week his calls were legitimate and claimed
- police overreacted when they seized his computer, telephone, and
- computer manuals. Hopson could not reached Thursday for comment.
-
- Brown's investigation revealed Hopson, like the other suspects, was
- trying to log-on to a computerized "bulletin-board" that incorrectly
- gave the doctors' number as the key to a system called "Cygnus XI".
- Cygnus XI enabled computer users to electronically send messages to
- one another. Brown said while this may not be the county's first
- computer crime, it was the first time the District Attorney's Office
- authorized search warrants in a case of suspected computer fraud using
- telephone lines. Police will not be returning several illegally
- obtained copies of software also seized during the raids, he said.
-
- +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
-
- A Case for Mistaken Identity... Who's Privacy was Really Invaded?
-
- By Jim Bigelow
-
- According to the San Luis Obispo County (California) Telegram-Tribune,
- dated Saturday, March 23, 1991, the San Luis Obispo Police raided the
- homes of two Cal Poly students and two other residents including one
- in Santa Margarita for alleged computer crimes, "hacking." The
- suspects had, through their computer modems, unknowingly tried to
- access a computer owned by a group of local dermatologists. That same
- number had previously belonged to a popular local bulletin board,
- Cygnus XI. The police were alerted by the dermatologists and their
- computer technician who was afraid someone was trying to access their
- patient records. The police put a phone tap on the computer line for
- 10 days which showed over 200 calls placed to that number in one 24
- hour period.
-
- Armed with a search warrant, police went to the house of the first
- suspect who later said he only called that number 3 times in a 24 hour
- period (I wonder who made the other 197 calls?). Unfortunately he was
- not home... this cost him two broken doors as the police had to enter
- the house some way. All computer equipment, disks and computer
- related equipment was "seized" and taken to police headquarters.
- Follow-up articles reveal that the individual had not committed local
- crimes, that no charges would be filed and that the computers . would
- be returned. Disks which were determined to contain illegally copied
- commercial software were to be turned over to Federal authorities.
-
- Like most personal home computer users I have interviewed, I didn't
- think much . of this matter at first, but I am now becoming alarmed.
- I am a 64 year old senior citizen, perhaps a paranoid senior. I think
- most seniors are a bit paranoid. I am a strong supporter of law
- enforcement, an ex-peace officer, a retired parole agent, and as a
- senior I want law enforcement protection. . In this situation,
- according to the Tribune report, the police "had legitimate concern."
- But, apparently they didn't know what they were doing as the officer
- in charge stated "We are learning as we go."
-
- Accessing a modem is not easy. I, with five years of computer
- experience, find ? it difficult and frustrating to set up a computer
- and keep it operating, to understand a manual well enough to get the
- software to operate, to set the switches and jumpers on a modem, and
- then contact a BBS, and in the midst of their endless questions,
- coupled with my excitability and fumbling, answer them and get on
- line. I have many times tried to connect to BBS's only to be
- disconnected because I typed my name or code incorrectly. I have
- dialed wrong numbers and gotten a private phone.
-
- I do not want to be considered an enemy of law enforcement merely
- because I own a computer. I do not like to be called a "hacker," and
- especially because I contacted a BBS 3 times. The word, "hacker"
- originally applied to a computer user, now has become a dirty word. It
- implies criminality, a spy, double agents, espionage, stealing
- government secrets, stealing business codes, etc. Certainly, not that
- of a law abiding and law supporting, voting senior citizen, who has
- found a new hobby, a toy and a tool to occupy his mind. Computers are
- educational and can and do assist in providing community functions. I
- hope that the name "personal computer user" doesn't become a dirty
- word.
-
- The "hacker" problem seems to be viewed by law enforcement as one in
- which "we learn as we go." This is an extremely costly method as we
- blunder into a completely new era, that of computerization. It causes
- conflicts between citizens and law enforcement. It is costly to
- citizens in that it causes great distress to us, to find ourselves
- possible enemies of the law, the loss of our computers and equipment,
- telephones and reputation by being publicly called hackers and
- criminals. It causes more problems when we attempt to regain our
- reputation and losses by suing the very agencies we have been so
- diligently supporting, for false arrest, confiscation of our most
- coveted possession and uninvited and forced entrance into our homes,
- causing great emotional disturbances (and older people are easily
- upset).
-
- I have a legal question I would like answered. Who is obligated in
- this incident: the owners and operators of Cygnus XI for failure to
- make a public announcement of the discontinuance of their services? or
- the phone company for issuing the number to a private corporation with
- a modem? the police for not knowing what they are doing? the computer
- user? It is not a problem of being more cautious, ethical, moral,
- law)abiding. It is a matter of citizen rights.
-
- The "hacker" problem now applies not only to code breakers, secret and
- document stealers, but to me, even in my first attempts to connect
- with a BBS. Had I tried to contact Cygnus XI my attempts would have
- put me under suspicion of the police and made me liable for arrest,
- confiscation of my computer, equipment, disks, and subsequent
- prosecution. I am more than a little bewildered.
-
- And, am I becoming a paranoid senior citizen, not only because of
- criminals, but of the police also? Am I running a clandestine
- operation by merely owning a computer and a modem, or am I a solid
- senior citizen, which may well imply that I don't own "one of those
- computers?" Frankly, I don't know. Even though my computer is
- returned, and I am not arrested or prosecuted, I wonder what condition
- it now is in after all the rough handling. (Police who break down
- doors do not seem to be overly gentle, and computers and their hard
- disk drives are very fragile instruments). Just who and how many have
- scrutinized my computer? its contents? and why? my personal home
- business transactions? and perhaps I supplement my income with the aid
- of my computer (I am a writer)? my daily journal? my most private and
- innermost thoughts? my letters? my daily activities? (This is exactly
- why personal computers and their programs were designed, for personal
- use. My personal computer is an extension of my self, my mind, and my
- personal affairs.)
-
- Can the police confiscate all my software claiming it is stolen,
- merely because they don't find the originals? (I, at the suggestion of
- the software companies, make backup copies of the original disks, and
- then place the originals elsewhere for safekeeping.) Do I need to keep
- all receipts to "prove" to the police that I am innocent of holding
- bootleg software? Is there a new twist in the laws that applies to
- personal computer users?
-
- Also any encoding of my documents or safeguarding them with a
- password, such as my daily journal, my diary, I have read in other
- cases, is viewed by law enforcement as an attempt to evade prosecution
- and virtually incriminates me. ("If it wasn't criminal why did the
- "suspect" encode it?")
-
- This recent incident arouses complex emotions for me. What will the
- future bring for the home and personal computer user? I do not care to
- fear the police. I do not want to have to register my computer with
- the government. Will it come to that in our country? I do not want to
- have to maintain an impeccable record of all of my computer usages and
- activities, imports and exports, or to be connected to a state police
- monitoring facility, that at all times monitors my computer usage. The
- year "1984" is behind us. Let's keep it that way.
-
- This matter is a most serious problem and demands the attention of all
- citizens. As for myself, I wasn't the one involved, but I find it
- disturbing enough to cause me to learn of it and do something about
- it.
-
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