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📄 closing the net.txt

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       On May 8, 1990, the Secret Service executed 28 or more searchwarrants in at least 14 cities across the country.  The raids involved morethan 150 agents, plus state and local law enforcement personnel.       According to a press release from the U.S. Attorney's office inPhoenix, the operation targeted "computer hackers who were alleged to havetrafficked in and abused stolen credit card numbers [and] unauthorizedlong-distance dialing codes, and who conduct unauthorized access and damageto computers."	The agency claimed the losses might amount to millions ofdollars.  In later releases and news reports, that figure was inflated totens of millions of dollars.       Nationwide, the government seized at least 40 computers and 23,000disks of computer information.	In most cases, the subjects of thesesearches have remained anonymous.  Presumably, they have either beenadvised by counsel to remain silent or have been so intimidated that theywish to attract no further attention.       John Perry Barlow reports in _Whole_Earth_Review_ that the SecretService held families at gunpoint while agents charged into the bedrooms ofteenage hacker suspects.  He adds that some equipment seizures deprivedself-employed mothers of their means of support.  These reports remainunconfirmed.  It's clear, however, that the Secret Service closed down anumber of BBSes by the simple expedient of seizing "as evidence" thecomputers on which those BBSes operated.       Bulletin board services are venues for speech.  They are used mainlyto exchange information and ideas.  Nothing in the nature of the technologyprevents the exchange of illegal ideas.  But in a free society, thepresumption must be that, in absence of proof to the contrary, the use of amedium is legitimate.  The Secret Service has not indicted, let aloneconvicted, the operators of any of the BBSes closed down on May 8.       If law enforcement officials suspect that a magazine, newspaper, orbook publisher may be transmitting illegal information, they get a warrantto search its files and perhaps a restraining order to prevent publication.They don't, however, seize its printing presses to prevent it fromoperating.  A clearer violation of freedom of the press could hardly beimagined.  Yet that is precisely what the Secret Service has done to theseBBSes.       One of the BBSes closed down was the JolNet BBS in Lockport,Illinois, which Neidorf and Riggs had used to exchange the 911 document.Ironically, JolNet's owner, Richard Andrews, had triggered theinvestigation by noticing the document, deciding it was suspicious, andnotifying the authorities.  He had cooperated fully with the investigators,and they rewarded him by seizing his equipment.       The Ripco BBS in Chicago was among those raided by the SecretService.  Operated by Bruce Esquibel under the handle of "Dr. Ripco," itwas a freewheeling, wide-ranging board, one of the best known BBSes in theChicago area.  Speech was extraordinarily free on the Ripco board.       "I felt that any specific information that could lead to directfraud was not welcome and would be removed, and persons who repeatedviolating this themselves would be removed from the system also," Esquibelwrites.  But just about anything else was open for discussion.	Hackers didindeed discuss ways of breaking into computers.  And the Ripco boardcontained extensive text files, available for downloading, on a variety ofsubjects to which some might take exception.  For instance, there was aseries of articles on bomb construction -- material publicly available frombooks such as _The_Anarchist's_Cookbook_.       Along with the computer on which Ripco operated, the Secret Serviceseized two other computers, a laser printer, and a 940-megabyte WORM drive,an expensive piece of equipment.  The additional seizures mystify Esquibel."My guess is that after examining the rat's nest of wires around the threecomputers, they figured anything plugged into the power strip must havebeen tied in with [the rest] in some way," he says.       The Secret Service has yet to return any of Esquibel's equipment.He has yet to be charged with any crime, other than failure to register afirearm.  (He had three unlicensed guns at his office; he informed theSecret Service agents of this before they began their search.)	SaysEsquibel, "The government came in, took my personal property to determineif there was any wrongdoing somewhere.	It seems like a case of beingguilty until proven innocent...It's just not right...I am not a hacker; [Idon't] have anything to do with credit cards or manufactured explosives.Until the weapons charge I never had been arrested, and even my drivingrecord has been clean since 1978."       It appears that the Secret Service has already achieved its goal.The Ripco board was a place where "dangerous" speech took place, and theagency closed it down.	Why bother charging Esquibel with a crime?Especially since he might be acquitted.       Secret Service agents searched the home of Len Rose, a computerconsultant from Baltimore, on May 8.  The agents not only seized hiscomputers but confiscated every piece of electronic equipment in the house,including his fax machine, along with some family pictures, several boxesof technical books, and a box containing his U.S. Army medals.       On May 15, Rose was indicted on four counts of wire fraud, aidingand abetting wire fraud, and interstate transportation of stolen goods.Among other things, the indictment alleged that Rose is a member of theLegion of Doom, a claim both he and admitted Doomsters vociferously deny.       The interstate-transportation charge is based on the fact that Rosewas in possession of source code for Unix, an operating system used by awide variety of minicomputers and computer workstations.  (Source code isthe original text of a program.)  In theory, Unix is the property of AT&T,which developed the system.  AT&T maintains that Unix is protected as aconfidential, unpublished work.  In fact, AT&T has sold thousands of copiesacross the country, and every systems programmer who works with Unix islikely to have some of the source code lying around.       The wire-fraud counts are based on the fact that Rose sent a copy ofa "Trojan horse" program by electronic mail.  Trojan horse programs aresometimes used by hackers to break into computers; they are also sometimesused by systems managers to monitor hackers who try to break in.  In otherwords, a Trojan horse program is like a crowbar:  You can use it to breakinto someone's house, or you can use it to help renovate your own house.It has both legitimate and illegitimate uses.       Rose is a computer consultant and has dealt with security issuesfrom time to time.  He maintains that his Trojan horse program was usedsolely for legitimate purposes -- and, in any case, would no longer work,because of changes AT&T has made to Unix since Rose wrote the program.Rose is not charged with actually attempting to break into computers,merely with possessing a tool that someone could use to break in.  Inessence, the Secret Service found Len Rose in possession of a crowbar andis accusing him of burglary.       By seizing Rose's equipment, the Secret Service has effectivelydenied him his livelihood.  Without his equipment, he cannot work.  Rosesays he has lost his home, his credit rating and credit cards, hisbusiness, and some of his friends.  He can no longer afford to retain hisoriginal attorney and is now represented by a public defender.       Rose's difficulties are compounded by a theft conviction arisingfrom a dispute with a former client regarding the ownership of computerequipment.  Nevertheless, it seems brutal for the Secret Service to denyhim the means to support his family and to pay for an effective defense.Investigators must long ago have gleaned whatever evidence his equipmentmay have contained.       Ultimately, the case against Neidorf and Riggs fell apart.  In June,the grand jury issued a revised indictment.  It dropped the charges ofviolating the Computer Fraud and Abuse Act and added seven new counts ofwire fraud, some involving electronic mail between Neidorf and Riggs.Neidorf was charges with two counts of wire fraud for uploading issues of_Phrack_ to JolNet.  In other words, mere distribution of his publicationwas deemed to be "fraud" because _Phrack_ contained material the SecretService claimed had been obtained by fraudulent means.	The new indictmentalso reduced the "value" of the document Riggs allegedly stole from morethan $70,000 to $20,000.       On July 9, Riggs pleaded guilty in a separate indictment to onecount of conspiracy in breaking into Bell South's computer.  Sentencing wasset for September 14 -- after Neidorf's trial was to begin.  Riggs agreedto be a witness for the prosecution of Neidorf.       On July 28, Neidorf's trial began in Chicago.  Within four days, itwas over.  The prosecution's case had collapsed.       Under cross-examination, a Bell South employee admitted that thestolen document was far from confidential.  Indeed, any member of thepublic could purchase a copy by calling an 800 number, requesting thedocument, and paying $13 -- far less than the $20,000 claimed value or the$5,000 minimum required to support a charge of transporting stolen goodsacross state lines.       Testimony also revealed that the contents of the document could notpossibly allow someone to enter and disrupt the 911 network.  The documentmerely defined a set of terms used in telecommunications and described theprocedures used by Bell personnel in setting up a 911 system.       Riggs, testifying for the prosecution, admitted that he had nodirect knowledge that Neidorf ever gained illegal access to anything; thatNeidorf was not himself a member of the Legion of Doom; and that Neidorfhad not been involved in the initial downloading of the document in anyway.       In short, Neidorf and Riggs had not conspired; therefore, Neidorfshould not have been charged with the fraud counts.  The only value ofwhich Bell South was "deprived" by Riggs's downloading was $13; therefore,he was, at worst, guilty of petty theft.  The interstate-transportationcounts were moot, since the "stolen goods" in question were worth less thanthe $5,000 minimum.       Not only was there no case against Neidorf -- there also was no caseagainst Riggs.	The government dropped the case against Neidorf.  Riggs,however, had already pleaded guilty.

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