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          UNITED STATES DISTRICT COURT
          WESTERN DISTRICT OF TEXAS
          AUSTIN DIVISION

STEVE JACKSON GAMES                *s
INCORPORATED, et al.,              *s
Plaintiffs,                        *s
                                   *s
V.                                 *s NO. A 91  CA 346 SS
                                   *s
UNITED STATES SECRET SERVICE,      *s
UNITED STATES OF AMERICA, et al.,  *s
Defendants                         *s

                    Opinion

                    I. Facts

     The issues remaining at trial in this lawsuit involves the
Plaintiffs Steve Jackson Games, Incorporated, Steve Jackson,
Elizabeth McCoy, Walter Milliken, and Steffan O'Sullivan's causes
of action against the United States Secret Service and the United
States of America pursuant to three statutes, "Private Protection
Act",42 U.S.C. 2000aa et seq.;"Wire and Electronic Communications
Interception and Interception of Oral Communication" Act, 18
U.S.C. 2510, et seq.; and "Stored Wire and Electronic
Communications and Transactional Records Access" Act, 18 U.S.C
2701, et seq. All other issues and parties have been withdrawn by
agreement of these remaining parties.

     The individual party plaintiffs are residents of the states
of Texas and New Hampshire, and the corporate plaintiff is a
Texas corporation with its principal place of business in Austin,
Texas.

     The Plaintiff Steve Jackson started Steve Jackson Games in
1980 and subsequently incorporated his business. Steve Jackson
Games, Incorporated, publishes books, magazines, box games, and
related products'. More than 50 percent of the corporation's
revenues are derived from its publications. In addition, Steve
Jackson Games, Incorporated, beginning in the mid-1980s and
continuing through this litigation, operated from one of its
computers an electronic bulletin board system called Illuminati.
This bulletin board posts information to the inquiring public about
Steve Jackson Games' products and activities; provides a medium for
receiving and passing on information from the corporation's
employees, writers, customers, and its game enthusiasts; and,
finally, affords its users electronic mail whereby, with the use of
selected passwords, its users can send and receive electronic mail
(E-mail) in both public and private modes. In February of 1990,
there were 365 users of the Illuminati bulletin board.

     Steve Jackson was both the owner and employee of Steve Jackson
Games, Incorporated, and authored many of its publications; he used
both Illuminati's public and private programs for electronic mail
and his use ranged from business records of the corporation,
contracts with his writers, communication with his writers
regarding articles which were intended to be published by the
corporation, to private communications with his business associates
and friends. Elizabeth McCoy's use of the Illuminati bulletin board
involved her participation as a game player, her critiques as to
the games and publications of the corporation, and her private


     'While the content of these publications are not similar to
those of daily newspapers, news magazines, or other publications
usually thought of by this Court as disseminating information to
the public, these products come within the literal language of the
Privacy Protection Act.
communications with associates and friends. William Milliken's use
of the Illuminati bulletin board was apparently limited to private
communicates to associates and friends. Steffan O'Sullivan's use of
the Illuminati bulletin board included writings for publication by
Steve Jackson Games, Inc. , his business dealings with the
corporation, and public and private communications with associates
and friends.

     Importantly, prior to March 1, 1990, and at all other times,
there has never been any basis for suspicion that any of the
Plaintiffs have engaged in any criminal activity, violated any law,
or attempted to communicate, publish, or store any illegally
obtained information or otherwise provide access to any illegally
obtained information or to solicit any information which was to be
used illegally.

     In October of 1988, Henry Kluepfel, Director of Network
Security Technology (an affiliate Bell Company) , was advised a
sensitive, proprietary computer document of Bell South relating to
Bell's "911 program" had been made available to the public on a
computer bulletin board in Illinois. Kluepfel reported this
information to Bell South and requested instructions, but received
no response. In April of 1989, Kluepfel confirmed the 911 Bell
document was available on the Illinois computer bulletin board and
learned the document was additionally available without any
proprietary notice on at least another computer bulletin board and
had been or was being published in a computer bulletin board
newsletter in edited form. In July of 1989, Kluepfel was finally


          - 3 -
instructed by Bell South to report the "intrusion" of its computer
network to the Secret Service and that the document taken was
"sensitive" and "proprietary. " Kluepfel had previously worked with
the Secret Service and was known as an expert and reliable
informant on computer "hacking. , 2 Thereafter, Kluepfel met
Assistant U. S. Attorney William Cook in Chicago and thereafter
communicated with Cook and Secret Service Agent Tim Foley. Agent
Foley was in charge of this particular investigation.

     Around February 6, 1990, Kluepfel learned that the 911
document was available on a computer billboard entitled "Phoenix"
which was operated by Loyd Blankenship in Austin, Texas. Kluepfel
"downloaded" the document to put in readable form and then advised
these facts to the Secret Service. Prior to February 26, 1990,
Kluepfel learned that Blankenship not only operated the Phoenix
bulletin board, but he was a user of the Illinois bulletin board
wherein the 911 document was first disclosed, was an employee of
Steve Jackson Games, Inc., and a user of the Steve Jackson Games,
Inc.'s bulletin board "Illuminati." Kluepfel's investigation also
determined that Blankenship was a "co-sysop" of the Illuminati
bulletin board, which means that he had the ability to review
anything on the Illuminati bulletin board and, importantly, maybe
able to delete anything on the system.  Blankenship's bulletin
board Phoenix had published "hacker" information and had solicited
"hacker" information relating to passwords, ostensibly to be


     2 "hacker" is an individual who accesses another's computer
     system without authority.
analyzed in some type of decryption scheme. By February 26, 1990,
Kluepfel determined that the Phoenix bulletin board was no longer
accessible as he could not dial, or "log into" it. He reported this
to Agent Foley. While Kluepfel advised Agent Foley that Blankenship
was an employee of Steve Jackson Games, Inc., and was a user and
co-sysop of Illuminati, Kluepfel never had any information whereby
he was suspicious of any criminal activity by any of the Plaintiffs
in this cause. Kluepfel was, and is, knowledgeable in the operation
of computers, computer bulletin boards, the publishing of materials
and document by computers, the communications through computer
bulletin boards (both public and private communications), and could
have 'logged" into the Illuminati bulletin board at any time and
reviewed all of the information on the bulletin board except for
the private communications referred to by the Plaintiffs as
electronic communications or electronic mail, but did not do so.
Kluepfel had legitimate concerns, both about the 911 document
stolen from Bell South and the possibility of a decryption system
which could utilize passwords in rapid fashion and could result in
intrusions of computer systems, including those of the Bell System.

     In February of 1990, Agent Foley was also knowledgeable about
computer bulletin boards and he too could have "logged" into
Illuminati, become a user and reviewed all public communications on
the bulletin board, but did not do so.

     By February 28, 1990, when the search warrant affidavit was
executed, Agent Foley had received information from reliable


          - 5 -
sources (Kluepfel, Williams, Spain, Kibbler, Coutorie, and Niedorf
, and possibly others') there had been an unlawful intrusion on the
Bell South computer program, the 911 Bell South document was a
sensitive and proprietary document, and that computer hackers were
attempting to utilize a decryption procedure whereby unlawful
intrusions could be made to computer programs including the Defense
Department, and these hackers were soliciting passwords so that the
decryption procedure could become operational. In addition, Agent
Foley was advised Loyd Blankenship had operated his Phoenix
bulletin board from his home, had published the 911 Bell South
document in edited form, and had published and communicated that a
decryption strategy was available and other "hackers" should submit
selective passwords to finalize the decryption scheme for
intrusions into computer systems by using a rapid deployment of
passwords. Agent Foley was also advised that Blankenship was an
employee of Steve Jackson Games and had access to the Illuminatie
bulletin board as a user and a co-sysop and he may well (and in
fact did) have the ability to delete any documents or information
in the Steve Jackson Games computers and Illuminatie bulletin
board. The only information Agent Foley had regarding Steve Jackson
Games, Inc. and Steve Jackson was that he thought this was a
company that put out games, but he also reviewed a printout of
Illuminati on February 25, 1990, which read, "Greetings, Mortal!
You have


3    'Kluepfel, Williams, Spain and Kibbler are employees of Bell
South; Coutorie is a University of Texas Systems investigator
assigned to investigate computer hacking; and Niedorf is a hacker
involved in the Illinois bulletin board system.
entered the secret computer system of the Illuminati, the on-line
home of the world's oldest and largest secret conspiracy.
5124474449300/1200/2400BAUD fronted by Steve Jackson Games,
Incorporated. Fnord. " The evidence in this case strongly suggests
Agent Foley, without any further investigation, misconstrued this
information to believe the Illuminati bulletin board was similar in
purpose to Blankenship's Phoenix bulletin board, which provided
information to and was used by "hackers." Agent Foley believed, in
good faith, at the time of the execution of his affidavit on
February 28, 1990, there was probable cause to believe Blankenship
had the 911 Bell South document and information relating to the
decryption scheme stored in his computer at home or perhaps in
computers, disks, or in the Illuminati bulletin board at his place
of employment at Steve Jackson Games, Inc.; that these materials
were involved in criminal activities; and that Blankenship had the
ability to delete any information stored on any of these computers
and/or disks.

     Unfortunately, although he was an attorney and expressly
represented this fact in his affidavit, Agent Foley was not aware
of the Privacy Protection Act, 42 U.S.C. 2000aa et seq., and he
conducted no investigation about Steve Jackson Games, Incorporated,
although a reasonable investigation of only several hours would
have revealed Steve Jackson Games, Inc. was, in fact, a legitimate
publisher of information to the public and Mr. Jackson would have
cooperated in the investigation. Agent Foley did not know the
individual Plaintiffs but did know they were users of Illuminati as