Hackers Underworld 2: Forbidden Knowledge/Hackers Underworld 2: Forbidden Knowledge.iso/UNDERGRD/VOL_3/CUD322C.TXT

Text File | 1994-11-01 | 33KB | 558 lines

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From: "William  Vajk (igloo)" <[e-mail]>
Date: Sun, 2 Jun 91 18:00:40 CDT
Subject: Punishment and Control: Reply to Gene Spafford

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***  CuD #3.22: File 3 of 3: Punishment and Control              ***
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In CUD 3.14, Gene Spafford wrote:

> There is little doubt that law enforcement has sometimes been overzealous
> or based on ignorance.  That is especially true as concerns computer-related
> crimes, although it is not unique to that arena.

I am concerned that while computer related interests isn't the only area in
which law enforcement has fallen so far short of the mark as to be noticeable,
it is the basis for one of the first relatively large scale interactions
between law enforcement and middle class. This is the reason for so many of us
noting cases which have acquired a notoriety exceeding past norms where the
investigation involved a lower class. Such treatments have been the usual fare
for the economically disadvantaged, sometimes those culturally distinct (see
the movie _Chinatown_ for an excellent example.) Complaints on their behalf
haven't been nearly as widespread in spite of the similarities of the behavior
by law enforcement. It isn't new. It is simply new to "us."

I have some serious reservations about the Chicago Police Department which
has declared war on "gangs." Possibly other such declarations have been
undertaken elsewhere as well. Just so we understand up front, I do not
condone criminal behavior. But my understandings of these events is confounded
by the difficulties I have in determining in advance of some criminal behavior
or another just what actually constitutes a gang. How does one determine what
is an Italian-American Sports Club, and which one is a sinister mob
organization. How does one differentiate a group of young men, wearing
identical attire while walking across town to play basketball in a park from
another group, walking about their turf, and the Boy Scouts.

A discussion I just had with the Public Relations officer at the Chicago
Police Department did little to help. The distinguishing characteristics
are looser and far more evasive than those mentioned by Pastor Niemoeller.
The PR officer told me they have something "better than an educated guess"
on which to base whether or not an individual or small group is gang related;
whether or not to question (should we call it harass) citizens within a
community. In the end, we are permitting the police to use personal judgment
in many ways. The personal judgment they have been using has now been brought
into play in middle class communities. Guess what. We're complaining about it.

I am concerned that Spafford's comments can be read to be forgiving and
conciliatory in nature where it regards errors made by professional law
enforcement. Officer Nemeth in California (see CUD 3.15) has said that he's
learning as he goes along. That's a hell of an answer to give some poor fellow
who was attempting to access a published bbs number after you've broken two of
his doors, confiscated his equipment, and subjected him to interrogation which
assumed guilt instead of trying to develop information in a reasonable manner
before using one of the most intrusive tactics permitted by law. There's an
entire mentality which we see exercised in the modern prototypical police
investigation. Officer Nemeth draws some conclusions of dubious worth even
after knowing the facts and that there will be no prosecution, "Hopson and the
other suspects should have given up after the first failed attempt" of trying
to gain access to a computer. "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 that, you have to
wonder."    ^^^^^^^^^        ^^^^^^^^^^^^^^

I suggest we put a rotary combination padlock on Nemeth's locker at work. Any
time he misses getting it on the first try, he takes the day off....at his
expense. But let's add a bit more realism. Someone should gently but
erratically shake his arm to emulate a bit of line noise.

The prosecutor in the case, Stephen Brown, didn't believe the police
overreacted in their investigation. "They had a legitimate concern." Is having
a legitimate concern reason to secure search warrants and damage property?
Aren't there any less intrusive investigatory techniques available? Of course
there are. The police didn't know where to begin their investigation of this
suspected criminal activity. I wasn't surprised at all to learn that PacBell
security knew. Given the involvement of yet another telephone company, is
the outcome, the overreaction, any surprise?????

We understand and feel compassion for one whose home has been violated by
burglars. Often we hear that they no longer feel comfortable in their own
home. Their inner feelings of security, something most of us take for granted,
have been damaged, sometimes irreparably. It is obvious in hindsight that
Nemeth's actions were unnecessary and counterproductive. I would not want him
on the local police force in my town. I am most concerned regarding his
ability to exercise judgment appropriate to the circumstances. But what is
worse by far is that some consider his investigative techniques acceptable.

N.B.    Police brutality doesn't begin at the end of a
        nightstick or hose. It begins with an attitude.

If you hire someone to write a bit of computer code for you which is to
perform some specific function, do you accept their learning to do that
task on the job and at your expense acceptable professionalism? I dare
say you wouldn't. Had you hired them with the understanding that they are
beginners and in training, then it would be considered acceptable.

Neither I nor any citizen in this nation has accepted the proviso that our
law enforcement agents are beginners learning the trade as they go along.
We demand the height of professionalism from them, each and every one. We
have granted them the extremes of the use of deadly force. I, for one, don't
take that lightly. I demand they be professionals and culpable for their
actions, whether working on my behalf or not. Spafford talks about
responsibility, let it begin with those who are PAID to be responsible and
have been evading that duty, manufacturers of software and law enforcement.

Who pays them to be responsible? We all do.

> Reporting of some of these incidents has also been incorrect.

Yes, Gene. In article [e-mail] you misspoke and assisted
in proliferation of such incorrect reports :

 "The information I have available from various sources
  indicates that the investigation is continuing, others
  are likely to be charged, and there MAY be some national
  security aspects to parts of the discussion that have
  yet to be disclosed."

Need I voice the obvious and ask how any "responsible" individual should
handle errors they have made? Need I voice the obvious and ask a simple
question.  What has Gene Spafford done to correct errors he has made? Has
his behavior in these matters met the criteria for responsibility he demands
>from others?

> Obviously, we all wish to act to prevent future such abuses,
> especially as they apply to computers.

'To thine own self be true' seems so appropriate right about here. Did you
wish to issue any corrections or retractions regarding some of your past
articles ?

> However, that being the case does not mean that everyone accused under
> the law is really innocent and the target of "political" persecution.

One of the elements common to propagandizing is to create a set of false issues
which sound like something your opposition might have said. In this instance,
I would appreciate most sincerely either having you repeat the source of such
a statement (by someone other than an obvious lunatic) in these newsgroups, or
to have you revise your stateme