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>C O M P U T E R U N D E R G R O U N D<
>D I G E S T<
*** Volume 1, Issue #1.11 (May 29, 1990) **
****************************************************************************
MODERATORS: Jim Thomas / Gordon Meyer
REPLY TO: TK0JUT2@NIU.bitnet
COMPUTER UNDERGROUND DIGEST is an open forum dedicated to sharing
information among computerists and to the presentation and debate of
diverse views.
--------------------------------------------------------------------
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.
--------------------------------------------------------------------
***************************************************************
*** Computer Underground Digest Issue #1.09 / File 4 of 4 ***
***************************************************************
------------------------
At least five different people contributed to the following
independently of each other. The moderators edited the comments
and added a few transitions to turn them into a single file.
------------------------
Folksinger Woody Guthrie was once asked by the "Ladies' Auxiliary" to write
a song about them and get the name of their group in as many times as he
could. In sarcastic jest, he did, slipping it into almost every line. The
Secret Service press release and the prepared statement by SS Assistant
Director Garry M. Jenkins describing Operation Sun Devil (OSD) (they can't
decide whether it's one or two words in their release) would have made
Woody smile.
Typical of self-serving witch hunting documents, the release extols the
virtues of the Secret Service's vigilance against the social threat of the
dreaded computer underground. Both make sure the public knows who is in
charge, who is doing saving, and who is on the front line protecting
rights.
Typical of witch hunting documents, it alludes, without facts, to a serious
harm of substantial magnitude. Both identify a general menace, computer
crime, and then, through subtle twists of phrase, lump a variety of illegal
activities into a broad category called COMPUTER CRIME. From there, it
takes only minimal effort to depict a national threat from which the SS
will save us:
The Secret Service will continue to investigate aggressively
those crimes which threaten to disrupt our nation's businesses
and government services (Garry M. Jenkins, OSD prepared statement).
There are clearly computer-related crimes that require vigorous
investigation, prosecution, and punishment. However, judging from the
knowledge of the CU displayed by prosecutors--as revealed in their press
releases, public and other interviews, conference papers, and published
articles--few law enforcement officials are sufficiently familiar with the
CU to be able to distinguish between crime, abuse, and legitimate
Constitutionally-protected communications. When even experienced
prosecutors or researchers (e.g., Kenneth Rosenblatt's presentations to the
NIJ Computer Crime Conference, 1989; McEwen's book, "Dedicated Computer
Crime Units," NIJ, 1989) call ALL boards they dislike "pirate" boards and
are unaware of the fundamental differences between CU groups (hackers,
pirates, cyberpunks), how can we have *any* confidence in their scare
tactics that raise images of computer demons running amok? These are not
mere quibbles over semantics, but raise fundamental (and frightening)
issues of the competency of these people to protect innocent parties or or
identify real threats.
The press release re-affirms the commitment of the SS and others to protect
"private and governmental agencies which have been targeted by computer
criminals." To the average citizen, this may sound re-assuring.
Unfortunately, and the irony surely is lost on the SS, OSD indeed
"exemplifies the commitment" of federal agencies, and it is a commitment
quite unconcerned with individual rights.
Crimes commited with computers are wrong. Period! But, there are existing
laws against fraud, whether through illegal use of long distance access
codes or credit cards. It is certainly dangerous to muck about in hospital
records, and trashing others' computers or files is clearly potentially
serious. However, few p/h types engage in such behavior, contrary to
whatever "facts" in possession of the SS. Perhaps the targets of OSD have
ripped off $50 million as some sources have reported. But when asked for
concrete estimates of the losses or for the formula by which they
calculated it, they remain silent. Clifford Stoll misleadingly links
hackers and virus spreaders in THE CUCKOO'S EGG.
Jenkins claims that some hackers move on to plant computer viruses. Sounds
dangerous, right? But, by definition, creating and planting a virus
requires knowledge of programming and computer entry, and to equate
computer underground activity with viruses is like equating learning to
drive a car with drunken driving. "Hey! Some drivers move on to other
destructive activities, like bank robbery, so let's stamp out drivers!"
Perhaps a hacker or two might plant a virus. But virus-spreaders are
considered irresponsible, and they affect *ALL* members of the
computer-using community, and virus planting is not something accepted
among the computer underground, period!
Perhaps they have arrested 9,000 computer abusers as implied by Jenkins'
comments, but when asked, sources with I have spoken cannot give a figure
and indicate they cannot even begin to estimate the number of "hackers"
arrested.
The SS assumes anybody involved in a computer crime is a computer
undergrounder out to subvert democracy. Unfortunately, the only members they
come in contact with are those whom they suspect of wrong-doing or who might
possess evidence of it. This gives them an understandably distorted view.
However, rather than critically examine their own views, they proceed as if everybody
is equally guilty, which feeds the media and public hysteria.
Let's take an
example. RipCo, a Chicago computer underground board, had 606 users when
it was raided. A scan of RipCo's message logs over a six month period indicates that,
at most, barely three percent of the callers could even remotely be
classified as "illegal users," as defined by the posting of codez or other
information of a questionable nature. Of these, about half of the message
content was clearly erroneous or fraudulent, suggesting that the caller
either made up the information or posted information so old as to be
irrelevant. It is also possible that some of the postings were by law
enforcement agents attempting to insinuate themselves into build credibility
for themselves. On no-longer operative "hard-core" elite p/h boards, we
have found that even on the higher access levels, a surprisingly small number
of participants actually engaged in significant criminal activity of the type
that would warrant an investigation.
Yes, some CU types do commit illegal acts. And five years ago, perhaps
more did. If the SS confined itself to prosecuting substantive crimes, we
would not complain much. Currently, however, they are sweeping up
the innocent by closing down boards, intimidating sysops of legitimate boards,
creating a chilling effect for speech, and confiscating equipment of those
unfortunate enough to be in the way.
We are hardly romanticizing criminal behavior. Carding is wrong, violating
the privacy of others is unethical, and obtaining goods or services
fraudulently is illegal. But the SS is throwing out the baby with the
bath water and irresponsibly fueling the fires of public hysteria with
inflammatory rhetoric and inappropriate zealousness.
What do we suggest be done about computer abuse? The following is hardly a
complete list, but only a suggestive framework from which to begin thinking
about alternatives.
1. There are already sufficient laws to prosecute fraud. We do not need
more, as some prosecutors have called for. There is no sense in passing
more laws or in strengthening existing laws relating to computer crime.
The danger is the creation of more law so broad that misdemeanors can be
prosecuted as felonies. We reject passing more laws because of the
potential for infringing Constitutional rights.
2. Educate, don't inflame, the public. The best protection against computer
invasion, whether by a hacker or virus spreader, is secure passwords,
trustworthy diskettes, and backed up files. Computer literacy is a
first line of defense.
3. Educate computer users early into the computer underground ethic of
hackers and pirates. That ethic, which encourages respect for the
property and privacy of others, has broken down in recent years. Too
many in the new generation are coming into the culture with an "I want
mine" attitude that is selfish and potentially destructive.
4. We agree with law enforcement officials who say that some of the younger
abusers show early behavioral signs of potential abusive use. Parents
should be made aware of these signs, but in a responsible manner, one
that does not assume that any computer lover is necessarily a potential
criminal.
5. Move away from criminalizing all forms of abuse as if they were alike.
They are not. Even if a harm has occured, civil courts may, in at least
some cases, be more appropriate for processing offenders. Both adults
and juveniles should be channelled into diversion programs that
includes community service or other productive sanctions.
6. Recognize that computer use *CAN* become obsessive. Although there is a
fine line to tread here, the problem of "computer addiction" should be
treated, not punished.
7. For minor offenses of juveniles, counselling with offender and parents
may be more appropriate than punishment.
8. If criminal sanctions are imposed, community service could be more
widely used rather than the harsh punishments some observers demand.
These are just a few of the possible responses to computer abuse. One need
not agree with all, or any, to recognize that it is possible to both
appreciate the computer underground while not tolerating serious abuses.
The computer underground should be recognized as symptomatic of social
changes in ethics, technology, societal attitudes, and other factors, and
not simply as a "crime" that can be eradicated by going after alleged
culprits. Solutions to abuse require an examination of the entire social
fabric, to include how we try to control those we don't like.
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