sj-dec~1.txt

黑客培训教程

          - 7 -
he had a list of all users prior to February 28, 1990. Agent Foley
did know and understand the Illuminati bulletin board would have
users and probably would have stored private electronic
communications between users. Notwithstanding the failure of any
investigation regarding Steve Jackson Games, Agent Foley and
Assistant U. S. Attorney Cook intended to seize and review all of
the information and documents in any computer accessible to
Blankenship, regardless of what other incidental information would
be seized. These intentions were expressly stated in their
application for a search warrant and the warrant itself.' Foley's
affidavit, executed on February 28, 1990, was sufficient under the
law for the issuance of a search warrant by the United States
Magistrate Judge. The Court does not find from a preponderance of
the evidence that the admitted errors in Foley's affidavit were
intentional and so material to make the affidavit and issuance of
the warrant legally improper. See, Franks v. Delaware, 438 U.S.
154, 98 S.Ct. 2674 (1978). The factual errors in the affidavit
include the Bell 911 document was a computer program; the Bell 911
document was engineered at a cost of $79,449; the Bell 911 document
had been 'slightly" edited; articles in

     4 The Court does fault Agent Foley and the Secret Service on
     the failure to make any investigation of Steve Jackson Games,
     Inc. prior to March 1, 1990, and to contact Steve Jackson in
     an attempt to enlist his cooperation and obtain information
     from him as there was never any basis to suspect Steve Jackson
     or Steve Jackson Games, Inc. of any criminal activity, and
     there could be no questions the seizure of computers, disks,
     and bulletin board and all information thereon, including all
     back-up materials would have an adverse effect (including
     completely stopping all activities) on the business of Steve
     Jackson Games, Inc. and the users of Illuminati bulletin
     board.
Phrack were described as "hacker tutorials;" the Bell 911 document
published in Phrack contained a proprietary notice; Blankenship was
a computer programmer for Steve Jackson Games, Inc.; Blankenship's
alias "Mentor" was listed as an Illuminati bulletin board user;

Coutorie, prior to February 28, 1990, provided Foley with
information on Steve Jackson Games, Inc.; and that Kluepfel had
"logged" into Illuminati. The affidavit and warrant preparation was
simply sloppy and not carefully done. Therefore, the Court denies
the Plaintiff's contentions relating to the alleged improprieties
involved in the issuance of the search warrant.

     On March 1, 1990, Agents Foley and Golden executed the
     search

warrant. At the time of the   execution, each agent had available

computer experts who had been flown to Austin to advise and
review

the stored information in the computers, the bulletin boards, and
disks seized. These computer experts certainly had the ability to
review the stored information and, importantly, to copy all
information contained in the computers and disks within hours.

     During the search of Steve Jackson Games and the seizure of
the three computers, over 300 computer disks, and other materials,
Agent Golden was orally advised by a Steve Jackson Games, Inc.
Employee that Steve Jackson Games, Inc. was in the publishing
business. Unfortunately, Agent Golden, like Foley, was unaware of
the Privacy Protection Act and apparently attached no significance
to this information. The evidence is undisputed that Assistant U.

S. Attorney Cook would have stopped the search at the time of this
notification had he been contacted.

          - 9 -
     By March 2, 1990, Agent Foley knew Steve Jackson Games, Inc.
was in the publishing business and the seizure included documents
intended for publication to the public, including a book and other
forms of information. He also knew or had the ability to learn the
seizure of the Illuminati bulletin board included private and
public electronic communications and E-mail. By March 2, 1990,
Agent Foley knew that Steve Jackson Games, Incorporated, and its
attorneys in Dallas and Austin, were requesting the immediate
return of the properties and information seized, that transcripts
of publications and the back-up materials had been seized, and that
the seizure of the documents, including business records of Steve
Jackson Games, Inc., and their back-up was certain to economically
damage Steve Jackson Games, Inc. While Agent Foley had a legitimate
concern there might be some type of program designed to delete the
materials, documents, or stored information he was seeking, he
admits there was no valid reason why all information seized could
not have been duplicated and returned to Steve Jackson Games within
a period of hours and no more than eight days from the seizure. In
fact, it was months (late June 1990) before the majority of the
seized materials was returned. Agent Foley simply was unaware of
the law and erroneously believed he had substantial criminal
information which obviously was not present, as to date, no arrests
or criminal charges have ever been filed against anyone, including
Blankenship.

     In addition, Agent Foley must have known his seizure of
computers, printers, disks and other materials and his refusal to


          - 10 -
provide copies represented a risk of substantial harm to Steve
Jackson Games, Inc. -- under circumstances where he had no reason
to believe the corporation or its owner was involved in criminal
activity.

     The Secret Service denies that its personnel or its delegates
read the private electronic communications stored in the seized
materials and specifically allege that this information was
reviewed by use of key search words only. Additionally, the Secret
Service denies the deletion of any information seized with two
exceptions of "sensitive" or "illegal" information, the deletion of
which was consented to by Steve Jackson.     However, the
preponderance of the evidence, including common sense 5,
establishes that the Secret Service personnel or its delegates did
read all electronic communications seized and did delete certain
information and communications in addition to the two documents
admitted deleted. The deletions by the Secret Service, other than
the two documents consented to by Steve Jackson, were done without
consent and cannot be justified.

     By March 2, 1990, Agent Foley, Agent Golden, and the Secret
Service, if aware of the Privacy Protection Act, would have known
that they had, by a search warrant, seized work products of
materials from a person or entity reasonably believed to have a
purpose to disseminate to the public a"book" or "similar form of
public communication."

     'The application and the search warrant itself was worded by
Foley and Cook so that all information would be "read" by the
Secret Service.

          - 11 -
     The failure of the Secret Service after March 1, 1990, to --
promptly -- return the seized products of Steve Jackson Games,
Incorporated cannot be justified and unquestionably caused economic
damage to the corporation.

     By March 1, 1990, Steve Jackson Games, Incorporated was
apparently recovering from acute financial problems and suffering
severe cash flow problems. The seizure of the work product and
delays of publication, whether by three weeks or several months,
directly impacted on Steve Jackson Games, Incorporated. Eight
employees were terminated because they could not be paid as
revenues from sales came in much later than expected. However, it
is also clear from a preponderance of the evidence that after the
calendar year 1990, the publicity surrounding this seizure and the
nature of the products sold by Steve Jackson Games, Incorporated
had the effect of increasing, not decreasing, sales. In fact, Steve
Jackson Games, Incorporated developed a specific game for sale
based upon the March 1, 1990, seizure. The Court declines to find
from a preponderance of the evidence there was any economic damage
to Steve Jackson Games, Incorporated after the calendar year 1990
as a result of the seizure of March 1, 1990.'

     As a result of the seizure of March 1, 1990, and the retention
of the equipment and documents seized, Steve Jackson Games,
Incorporated sustained out-of-pocket expenses of $8,781.00. The


     6 The Court finds the testimony of Joanne Midwikis, an
accountant who testified on behalf of Steve Jackson Games, Inc. and
Steve Jackson, on damages suffered by Steve Jackson Games, Inc. and
Steve Jackson was not credible.

          - 12 -
personnel at this corporation had to regroup, rewrite, and
duplicate substantial prior efforts to publish the book Gurps
Cyberpunk and other documents stored in the computers and the
Illuminati bulletin board, explain to their clientele and users of
the bulletin board the difficulties of their continuing business to
maintain their clientele, to purchase or lease substitute equipment
and supplies, to re-establish the bulletin board, and to get the
business of Steve Jackson Games, Inc. back in order. The Court has
reviewed the evidence regarding annual sales and net income of
Steve Jackson Games, Incorporated for 1990 and the years before and
after and finds from a preponderance of the evidence there was a 6
percent loss of sales in 1990 due to the seizure and related
problems. The evidence was undisputed that there was a 42 percent
profit on sales of publications of Steve Jackson Games,
Incorporated. Thus, Steve Jackson Games, Incorporated sustained

damages in loss of sales in 1990 of $100,617.00 for a loss of
profit of $42,259.00 as a direct and proximate result of the
seizure of March 1, 1990, and the retention of the documents
seized. After 1990, the net sales of Steve Jackson Games,
Incorporated continued to increase annually in a traditional
proportion as the sales had been increasing from 1988. Thus, from
a preponderance of the evidence, the loss of $42,259.00 is
inconsistent with the net income figures of Steve Jackson Games,
Incorporated in the years immediately following and preceding
1990.

     Regarding damages to Steve Jackson, personally, his own
testimony is that by 1990 he was becoming more active in the


          - 13 -
management of Steve Jackson Games, Incorporated, and spending less
time in creative pursuits such as writing. Steve Jackson Games,
Incorporated was in such financial condition that Chapter 11
proceedings in bankruptcy were contemplated. Thereafter, the
testimony clearly established that Steve Jackson Games reasserted
himself in management and was spending substantial time managing
the corporation. The Court declines to find from a preponderance of
the evidence that Steve Jackson personally sustained any
compensatory damages as a result of the conduct of the United
States Secret Service.

     Elizabeth McCoy, Walter Milliken and Steffan O'Sullivan also
allege compensatory damages. These Plaintiffs all had stored
electronic communications, or E-mail, on the Illuminati bulletin
board at the time of seizure. All three of these Plaintiffs
testified that they had public and private communications in
storage at the time of the seizure. Steve Jackson, Elizabeth McCoy,
Walter Milliken and Steffan O'Sullivan all testified that
following June of 1990 some of their stored electronic
communications, or E-mail, had been deleted.  It is clear, as
hereinafter set out, that the conduct of the United States Secret
Service violated two of the three statutes which the causes of
action of the Plaintiffs are based and, therefore, there are