sj-dec~1.txt

黑客培训教程

statutory damages involved, but the Court declines to find from a
preponderance of the evidence that any of the individual Plaintiffs
sustained any compensatory damages.



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                               ii.

                               a.

                     PRIVACY PROTECTION ACT
              (First Amendment Privacy Protection)
                    42 U.S.C. 2000aa et seq.

     The United States Secret Service, by Agent Foley and Assistant
United States Attorney Cox, sought and obtained an order from a
United States Magistrate Judge to search for and seize and
thereafter read the information stored and contained in "computer
hardware (including, but not limited to, central processing unit(s)
monitors, memory devices, modem(s), programming equipment,
communication equipment, disks, and printers) and computer software
(including, but not limited to) memory disks, floppy disks, storage
media) and written material and documents relating to the use of
the computer system (including network access files) ,
documentation relating to the attacking of computers and
advertising the results of computer attacks (including telephone
numbers and location information), and financial documents and
licensing documentation relative to the compute programs and
equipment at the business known as Steve Jackson Games which
constitute evidence, instrumentalities, and fruits of federal
crimes, including interstate transportation of stolen property (18
U.S.C. 2314) and interstate transportation of computer access
information (18 U.S.C. 1030(a)(6))." See, Warrant Application and
Order.

     On March 1, 1990, the Secret Service seized the following
property on the premises of Steve Jackson Games, Inc.: Compuadd
keyboard; Packard-Bell monitor; DKT computer; cardboard box
containing disks, miscellaneous papers and circuit boards; Splat
Master gun with "Mentor" on barrel; Hewlett-Packard laser jet
printer; BTC keyboard with cover; IBM personal computer 5150
(disassembled); Seagate Tech hard disk; 2400 modem 1649-1795 with
Dower supply and disk; IBM keyboard; Amdek mode[l] 31OA; bulletin
board back-up files (approximately 150); Empac International
Corporation XT computer; "WWIV" users manual; red box of floppy
disks; miscellaneous papers and notes from desk; floppy disk
entitled "Phoenix setup." See, Warrant Return.

     The evidence establishes the actual information seized,
including both the primary source and back-up materials of the
draft of Gurps Cyberpunk, a book intended for immediate publication
(within days to weeks) , drafts of magazine and magazine articles
to be published, business records of Steve Jackson Games,
Incorporated (including contracts and drafts of articles by writers
of Steve Jackson Games, Incorporated), the Illuminati bulletin
board and its contents (including public announcements, published
newsletter articles submitted to the public for review, public
comment on the articles submitted and electronic mail containing
both private and public communications) . Notwithstanding over 300
floppy disks being seized, the evidence introduced during trial was
not clear as to what additional information was seized during the
search warrant execution. However, the evidence is clear that on
March 1, 1990, "work product materials, " as defined in 42 U.S.C.
2000aa-7 (b), was




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obtained as well as materials constituting "documentary materials"
as defined in the same provision.'

     The Privacy Protection Act, 42 U.S.C. 2000aa, dictates:
"Notwithstanding any other law, it shall be unlawful for a
government officer or employee, in connection with the
investigation . . . of a criminal offense to search for or seize
any work product materials possessed by a person reasonably
believed to have a purpose to disseminate to the public a
newspaper, broadcast, or other similar form of public communication
. . ."  See, 42 U.S.C. [sec] 2000aa(a).

     Assuming Agent Foley was knowledgeable of the Privacy
Protection Act (which he was not), neither he nor Assistant United
States Attorney Cox had any information which would lead them to
believe that Steve Jackson Games, Incorporated published books and
materials and had a purpose to disseminate to the public its
publications. Their testimony is simply they thought it a producer
of games. As heretofore stated, the Court feels Agent Foley failed
to make a reasonable investigation of Steve Jackson Games,
Incorporated when it was apparent his intention was to take
substantial properties belonging to the corporation, the removal of
which could have a substantial effect on the continuation of



    7 If the Secret Service, in the performance of executing Court
order, had only obtained and taken the 911 document or alleged
decryption materials, application of the definitions of
"documentary materials" and "work product materials" would
logically result in no violation of the statute under the
circumstances of this case. It was the seizing all documents and
information and, thereafter, the failure to promptly return the
information seized which leads to violation of the statute.

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business. Agent Foley, it appears, in his zeal to obtain evidence
for the criminal investigation, simply concluded Steve Jackson
Games, Incorporated was somehow involved in Blankenship's alleged
activities because of the wording of the Illuminati bulletin board
menu. In any event, the Court declines to find from a preponderance
of the evidence that on March 1, 1990, Agent Foley or any other
employee or agent of the United States had reason to believe that
property seized would be the work product materials of a person
believed to have a purpose to disseminate to the public a
newspaper, book, broadcast or other similar form of public
communication.'8

8    'The legislative history to the Privacy Protection Act states:

          ...the Committee recognized a problem for the law en-
          forcement officer, who seeking to comply with the
          statute, might be uncertain whether the materials he
          sought were work product or nonwork product and that they
          were intended for publication. Therefore, in the
          interests of allowing for some objective measure for
          judgment by the office, the Committee has provided that
          the work product must be possessed by someone "reasonably
          believed" to have a purpose to communicate to the public.

S. Rep. No. 874, 96th Cong., 2nd Sess., 10 (1980), reprinted in
1980 U.S.C.C.A.N. 3950, 3957. As the Court has stated, Agent Foley
with only a few hours of investigation would have "reasonably
believed" Steve Jackson Games, Incorporated had "a purpose to
communicate to the public." Therefore, under an objective standard,
assuming a reasonable investigation, Agent Foley and the Secret
Service violated the statute on March 1, 1990. However, Agent Foley
was not aware of the Privacy Protection Act and was therefore not
"seeking to comply" with its requirements. Consequently, the Court
found on March 1, 1990 neither Agent Foley nor any other employee
or agent of the United States "reasonably believed" the materials
seized were work product or Steve Jackson Games, Incorporated had
a "purpose to disseminate to the public."

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     During the search on March 1, and on March 2, 1990, the Secret
Service was specifically advised of facts that put its employees on
notice of probable violations of the Privacy Protection Act. It is
no excuse that Agents Foley and Golden were not knowledgeable of
the law. On March 2, 1990, and thereafter, the conduct of the
United States Secret Service was in violation of 42 U.S.C. 2000aa
et seq. It is clear the Secret Service continued the seizure of
property of Steve Jackson Games, Incorporated including information
and documents through late June of 1990. Immediate arrangements
could and should have been made on March 2, 1990, whereby copies of
all information seized could have been made. The government could
and should have requested Steve Jackson as chief operating officer
of the corporation to cooperate and provide the information
available under the law. The Secret Service's refusal to return
information and property requested by Mr. Jackson and his lawyers
in Dallas and Austin constituted a violation of the statute.
Regarding any information seized that would constitute 'documentary
materials" (whereby the defensive theory of 42 U.S.C. 2000aa(b) (3)
might apply) there would have been no problem as the property was
in the possession of the United States Secret Service and their
experts and Steve Jackson were present to ensure no destruction,
alteration or concealment of information contained therein. In any
event, it is the seizure of the "work product materials" that leads
to the liability of the United States Secret Service and the United
States in this case. Pursuant to 42 U.S.C. 2000aa-6, the Court
finds from a preponderance of the evidence that Steve Jackson

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Games, Incorporated is entitled to judgement against the United
States Secret Service and the United States of America for its
expenses of $8,781.00 and its economic damages of $42,259.00. The
Court declines to find from a preponderance of the evidence other
damages of Steve Jackson Games, Incorporated or liability of the
United States Secret Service or the United States of America to any
other Plaintiff under the provisions of the Privacy Protection Act.

                               b.

          WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION
             AND INTERCEPTION OF ORAL COMMUNICATIONS
                     18 U.S.C. 2510 et seq.

     The Plaintiff s allege the United States Secret Service " s
conduct also violated 18 U.S.C. 2510, et seq., as it constituted
intentional interceptions of "electronic communication. " They
allege the interception occurred at the time of seizure or,
perhaps, at the time of review of the communication subsequent to
the seizure. There is no question the individual Plaintiffs had
private communications stored in Illuminati at the time of the
seizure and the court has found from a preponderance of the
evidence the Secret Service intended not only to seize and read
these communications, but, in fact, did read the communications and
thereafter deleted or destroyed some communications either
intentionally or accidentally. The Defendants contend there is no
violation of this particular statute under the facts of this case
because there never was any unlawful "interception" within the
meaning of the statute. Alternatively, the Defendants contend that
the "good faith reliance" on the search warrant issued by the


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United States Magistrate Judge is a complete defense under Section
2520 .

     The Government relies on the 1976 Fifth Circuit case of the

United States v. Turk, 526 F.2d 654 (5th Cir. 1976), cert denied,
429 U.S. 823, 97 S.Ct. 74 (1976), and its interpretation of the
statutory definition of "interception." In Turk, police officers
listened to the contents of a cassette tape without first obtaining
a warrant. The court concluded this was not an "interception" under
18 U.S.C. [sec] 2510 et seq.

     Whether the seizure and replaying of the cassette tape by the
     officers was also an "interception" depends on the definition
     to be given "aural acquisition." Under one conceivable