Computer underground Digest Sun Aug 25, 1996 Volume 8 : Issue 62 ISSN 1004-042X Editor: Jim Thomas (cudigest@sun.soci.niu.edu) News Editor: Gordon Meyer (gmeyer@sun.soci.niu.edu) Archivist: Brendan Kehoe Shadow Master: Stanton McCandlish Field Agent Extraordinaire: David Smith Shadow-Archivists: Dan Carosone / Paul Southworth Ralph Sims / Jyrki Kuoppala Ian Dickinson Cu Digest Homepage: http://www.soci.niu.edu/~cudigest CONTENTS, #8.62 (Sun, Aug 25, 1996) File 1--School Hires Student to Hack into Computers File 2--U.S. Army computer specialist faces spying charges File 3--Klemesrud settles Scientology copyright lawsuit for $50,000 File 4--Warning from Family Circle Magazine (fwd) File 5--Anon.penet forced to reveal names File 6--ACLU Responds to Princeton "Clarification" of Internet Censorship File 7--London police provide list of Usenet newsgroups to ban File 8--Cu Digest Header Info (unchanged since 7 Apr, 1996) CuD ADMINISTRATIVE, EDITORIAL, AND SUBSCRIPTION INFORMATION ApPEARS IN THE CONCLUDING FILE AT THE END OF EACH ISSUE. --------------------------------------------------------------------- Date: Thu, 22 Aug 1996 22:17:12 -0500 From: Frosty Subject: File 1--School Hires Student to Hack into Computers C Y B E R - S P A C E P R O J E C T Email List / Instructions at the end ------------------------------------------------------------------------------- SCHOOL HIRES STUDENT TO HACK INTO COMPUTERS The Sun Herald 22 August 1996 Palisades Park, NJ - When in trouble, call an expert. Students at Palisades Park's high school needed their transcripts to send off to colleges. But they were in the computer and no one who knew the password could be reached. So the school hired a 16-year-old hacker to break in. "They found this student who apparently was a whiz, and, apparently, was able to go in and unlock the password," School Board attorney Joseph R. Mariniello said. Superintendent George Fasciano was forced to explain to the School Board on Monday the $875 bill for the services of Matthew Fielder. ------------------------------ Date: Thu, 22 Aug 1996 21:35:53 -0500 From: Declan McCullagh Subject: File 2--U.S. Army computer specialist faces spying charges Whether or not the espionage charges are true, my first take is this reinforces the claim that we can't trust the government with our most intimate secrets. If it's even possible that a 20-year old kid might have "broken into a supposedly impenetrable" military system, any key-escrow infrastructure the Feds set up will be similarly vulnerable. -Declan Date-- Thu, 22 Aug 1996 13--11--28 -0400 From-- "Thomas C. Allard" source-- http://www.yahoo.com/headlines/960821/news/stories/spy_1.html U.S. Army Private Faces Spying Charges WASHINGTON (Reuter) - The U.S. Army said Wednesday it had charged a 20-year-old computer specialist with espionage and computer crimes in a case that the soldier's parents said involved a Chinese national. Pfc. Eric Jenott of the 50th Signal Battalion at Fort Bragg, North Carolina, was formally charged June 28 and is in a Marine Corps jail in Camp Lejeune, North Carolina, awaiting court-martial, the army said. "The case involves classified information and matters pertaining to national security," a three-paragraph statement from Fort Bragg, home of the Army's 18th Airborne Corps, said. It said many of the case's details were too sensitive to disclose. Jenott has been charged with giving "secret computer passwords relating to the national defense" to a Mr. Lee, "a citizen of a foreign nation," his lawyer said, reading from the charge sheet. He also faces charges of destruction of government property and larceny. The charge sheet alleged Jenott disclosed the passwords between April and June "with the intent or reason to believe it would be used to the injury of the United States or to the advantage of a foreign nation." It said the passwords "directly concerned communications intelligence," among the most closely guarded U.S. secrets. Jenott is facing a general court-martial, the most serious kind, and a possible life sentence if convicted, his lawyer, Timothy Dunn, of Fayetteville, North Carolina, said in a telephone interview. He said his client was "not a criminal" but had broken into a supposedly impenetrable system after advising his superiors of defects in the security system. Dunn declined to discuss the system because of what he called the case's sensitive nature and national security implications. John Jenott said his son, a fluent Chinese speaker whom he described as a "computer genius" with a longstanding interest in China, had given a young Chinese friend what the son described as an unclassified computer code. He said his son knew the person to whom he gave the code from one of several trips he had made to China. His son, "not your average kid-out-on-a-skateboard-type guy," could read and write Chinese and lived with a Chinese family in Vancouver, Canada, for about a year when he was in high school, the father added. He said his son told him that before giving away the code, he had been trying to show his superiors a security flaw in a sensitive communication system and eventually demonstrated he could get secret data without authorization. "He was trying to say we have a weakness," John Jenott said in a telephone interview from his home in Graham, Washington. "This stuff about being a spy -- it's ridiculous." His stepmother, Kelly Jenott, said, "They're blowing this way out of proportion." His father said an Army major at Fort Bragg, whom he declined to name, had urged him to persuade his son to sign a confession, so prosecutors would not seek the death penalty. Jenott said his son had told him, "Dad, I'd rather die than sign that." "He said it's not true. He said, 'I'm not a spy. I didn't commit espionage. And I'm not going to sign something that says I did,"' Jenott said. ------------------------------ Date: Thu, 22 Aug 1996 17:31:29 -0500 From: Declan McCullagh Subject: File 3--Klemesrud settles Scientology copyright lawsuit for $50,000 Newsgroups--alt.religion.scientology From--tom.klemesrud@support.com Date--Thu, 22 Aug 96 11:56:16 -0700 FOR IMMEDIATE RELEASE 8/22/96 -- The holders of copyrights to material authored by L. Ron Hubbard, founder of the controversial Church of Scientology, have agreed to dismiss the operator of a Los Angeles-based computer bulletin board service as a defendant from a lawsuit alleging copyright infringement over the internet. Early last year, Religious Technology Center (RTC) and Bridge Publications sued Tom Klemesrud, the operator of the service, along with his subscriber, Dennis Erlich, and Netcom On-Line Communication Services, Klemesrud's internet service provider. Netcom settled out earlier this month. The lawsuit, which continues to proceed against Erlich, an ex-Scientologist, alleges that Erlich infringed copyrights by posting material written by Hubbard to a Usenet newsgroup known as "alt.religion.scientology." The internet newsgroup has become widely known for its impassioned postings by both proponents and critics of Scientology. In a novel claim that would have tested the limits of liability in cyberspace, the plaintiffs had contended that Klemesrud and Netcom should be held legally responsible for the alleged acts of Erlich because he used their computer services to make his postings to the internet. Federal District Judge Ronald M. Whyte ruled in November 1995 that Klemesrud could not be found liable for direct infringement, and could only be found liable for contributory copyright infringe-ment if there was knowledge of a BBS user's infringement. "This is the most important thing we have achieved in this litigation. It has positive ramifications for all of the Internet," Klemesrud said. The plaintiffs claimed significant economic damage resulting from the postings. They alleged that those who might otherwise have purchased Scientology materials and services were able to obtain them for free once Erlich posted them to the internet. The claims against Klemesrud were settled for $50,000, an amount that is to be paid by Klemesrud's insurance carrier. Important to Klemesrud, himself a critic of the Church of Scientology, is the fact that the terms of the settlement include no admission of liability on his part. "Settling this case was a business decision by my insurance company," Klemesrud said. "I would have liked to stay in there and participate in total exoneration, but I understand it would have been a lot more expensive to take this case all the way through trial rather than to pay this token amount now, and be happy with the positive results we've achieved." ## For further information call Tom Klemesrud at (818) 985-1750. ------------------------------ From: Stanton McCandlish Subject: File 5--Anon.penet forced to reveal names Don't know if you guys saw this already, but I just read it in a newsgroup. Today (August 22nd 1996), the city court in Helsinki ordered Julf Helsingius to reveal the identity of the anonymous poster who posted scientology scriptures to a.r.s in March. In its decision, the court says that anonymous server logs are not protected by any legislation. Therefore, the information needed in the police investigation must be provided to the police. The court also recognized the church's right to control the publication of the posted documents. Furthermore, the court says that the anonymous poster, not anyone else, is legally responsible for the postings. Julf Helsingius has 30 days to reveal the name. The decision cannot be appealed. -----BEGIN PGP SIGNED MESSAGE----- Today on 22nd of August the local court of first instance in Helsinki decided that Johan Helsingius has to reveal the email adress asked for by the Police Department of Helsinki. This has to be done within 30 days when summoned for interrogation. Since this is merely a part of a case, this decision can't be appealed. If Helsingius still refuses to reveal the info he will be repeatedly fined and ultimately jailed for up to six months. The decisions about fines and jail can be appealed, but an appeal won't stay the execution of the ordered fine/jail, only a judgement of the appeals court will. The questions about different appeals in this case are somewhat complex and regarding the possibility to appeal it was a split decision (4-1). The court ruled against Helsingius in this matter. During the hearing Helsingius argued against this view in many ways: he objected on constitutional grounds and on grounds relating to statutes regarding criminal investigation. This information is based mainly on message <4vi0tt$geq@idefix.eunet.fi> in the local Finnish newsgroup sfnet.keskustelu.laki, by Kaj Malmberg, the police officer in charge of the investigation of the matter where Scientology scriptures were posted through anon.penet.fi. More reports from this case will probably follow soon. [posted & mailed to a few individuals] ------------------------------ Date: Fri, 23 Aug 1996 20:45:09 GMT To: fight-censorship@vorlon.mit.edu, roundtable@cni.org Subject: File 6--ACLU Responds to Princeton "Clarification" of Internet Censorship Policy AMERICAN CIVIL LIBERTIES UNION National Legal Department 132 West 43rd Street New York, New York 10036 (212) 944-9800 ----------------------------------------------------------------- ACLU Responds to Princeton "Clarification" of Internet Censorship Policy: End It, Don't Mend It FOR IMMEDIATE RELEASE Friday, August 23, 1996 Contact: Ann Beeson, ACLU National, 212-944-9800, x788 David Rocah, ACLU of New Jersey, 201-642-2086 NEW YORK--The American Civil Liberties Union today criticized Princeton University's "clarification" of its policy barring faculty, students and staff from using the schools' computer network for "political purposes," calling on the university to rescind the ban. The clarification memo was issued after the ACLU contacted Princeton in an August 15 letter, urging university officials to end its policy. According to the Princeton clarification, the policy was meant to prevent students and staff from "personal use" of the network specifically for "campaign activities." In a follow-up letter sent today to Princeton officials, the ACLU said the university's response "still falls short of constitutional requirements," and would only serve to confuse the issue further." The letter was signed by Ann Beeson, ACLU national staff attorney and David Rocah, staff attorney for the ACLU of New Jersey. "The clarification is as clear as mud," said David Rocah. "In fact, the only thing that's clear about Princeton's policy is that it is still unconstitutional." Rocah said the policy violates free speech protections in the New Jersey state constitution. In its memo, issued late yesterday, Princeton conceded that the policy was "overly broad," and stated that "students, faculty and staff are generally free to communicate their personal views on political candidates using e-mail and the Internet." But officials once again cited the university's not-for-profit status as a rationale for limiting speech, warning that "the IRS may deem personal use of University resources for campaign activities, including use of the Internet, to be political campaign activity by the University itself." That interpretation is still wrong, the ACLU countered. "As we pointed out in our initial letter, Internal Revenue Service rulings make clear that only campaigning by Princeton officials on behalf of the university could affect its tax-exempt status," said national staff attorney Ann Beeson. "Just as students have traditionally distributed political campaign material on the university commons, they have the right to send it through the Internet," Beeson added. "In fact, campaign literature is arguably the most fundamental type of speech in our democratic system of government. There is nothing more important than choosing our political leaders and knowing what they stand for." The letter urged Princeton to resolve the issue quickly as the presidential election approaches, and requested a meeting with Princeton officials to discuss the matter further. If the university refuses to drop its censorship policy, the ACLU said it would consider legal action. Note to Editors: The ACLU's August 23 letter to Princeton follows. Please contact our national press office at (212) 944-9800, ext. 414, for copies of the ACLU's original August 15 letter and copies of the Princeton policy memos. To access this information online, visit the ACLU's website or America Online site (keyword: ACLU). -30- ----------------------------------------------------------------- TEXT OF LETTER FROM ACLU COUNSEL TO PRINCETON UNIVERSITY: August 23, 1996 BY FACSIMILE, E-MAIL, & REGULAR MAIL Howard S. Ende Office of General Counsel 120 Alexander Street, 2nd Floor Princeton, New Jersey 08544-2086 RE: Computer Use Policy Dear Mr. Ende: We believe the clarification you issued yesterday regarding Princeton's policy on use of the computer network for political purposes still falls short of constitutional requirements. We suggest a meeting with you and President Shapiro to discuss the issue further; we are both available for a meeting during the week of September 9 - 13. Specifically, the memo issued yesterday will further confuse Princeton students and staff regarding their political speech rights on the computer network, and thus will inhibit speech protected by the New Jersey State Constitution. The memo rightly concedes that the policy statement dated July 19, 1996 is "overly broad," and that "students, faculty and staff are generally free to communicate their person views on political candidates using e-mail and the internet." However, the memo goes on to state that "Nonetheless, we continue to ask everyone to bear in mind that the IRS may deem personal use of University resources for campaign activities, including use of the internet, to be political campaign activity by the University itself." This final sentence is inaccurate as a matter of law. As stated in our letter dated August 15, 1996, personal use of the network for "campaign activities" is constitutionally protected political speech and in no way threatens Princeton's tax-exempt status. See ACLU Letter to Princeton, 8/15/96, at 2. Because Princeton provides fair and equal access to the computer network to all University members, and allows use of the network for a variety of non-political purposes, the provision of computing facilities to students and staff, even for campaigning activities, will not jeopardize the university's 501(c)(3) status. The computer network is analogous to the Princeton commons, where university students and staff have long been free to distribute and obtain campaign literature and to encourage votes for particular political candidates. The fact that this activity is taking place on the computer network makes it no less protected political speech. In fact, campaign literature is arguably the most fundamental type of speech in our democratic system of government. There is nothing more important in choosing our political leaders than knowing what they stand for. The recent statement is also vague and fails to notify university members clearly as to whether personal use of the network for "campaign activities" is a violation of university policy. In addition, the University now has issued at least five separate policies and statements that govern use of the computer network for political purposes: the August 22, 1996 clarification memorandum; the July 19, 1996 memorandum on "Internet use and Policy;" the "Computer Use" guidelines at page 11 of the Rights, Rules, Responsibilities handbook; the "Guidelines Relating to the Tax-Exempt Status of the University and Political Activities," at pages 14-15 of the Rights, Rules, Responsibilities handbook; and the 1995-96 "Guidelines for use of Campus and Network Computing Resources." These conflicting policies and statements are sure to cause confusion among university members, which will inhibit students and staff from exercising their right to free speech on the computer network. If you continue to believe that 501(c)(3) restrictions prevent certain political communications over computer networks, we urge you to seek an advisory ruling on the matter from the Internal Revenue Service. In the meantime, all five policies and statements must be clearly and unequivocally suspended, and a statement must be issued clarifying that all university members and groups may engage in political speech and campaign activities over the computer network so long as they do not purport to speak for the university itself. Because we are nearing the end of an election year, it is crucial that this matter be resolved quickly in order to ensure that Princeton students and staff are able to exercise fully their political speech rights. Thank you for your prompt response to our prior letter and your willingness to continue this important discussion. Very truly yours, Ann Beeson, Staff Attorney American Civil Liberties Union National Legal Department 132 West 43rd Street New York, New York 10036 (212) 944-9800 x788 David Rocah, Staff Attorney American Civil Liberties Union of New Jersey 2 Washington Place Newark, NJ 07102 (201) 642-2086 cc: President Harold Shapiro ------------------------------ Date: Thu, 15 Aug 1996 23:18:34 -0500 From: Declan McCullagh Subject: File 7--London police provide list of Usenet newsgroups to ban Recently the London police sent a letter to U.K. Internet providers saying that 133 Usenet newsgroups must be banned. >From observations at , it's clear that: the Police regard ISPs as publishers the publication of obscene materials is an offence the Police expect ISPs to continuously monitor newsgroups and to remove those which contain illegal materials More ominously, the letter says "Furthermore, this list is not exhaustive and we are looking to you to monitor your Newsgroups identifying and taking necessary action against those others found to contain such material... This list is only the starting point..." Also, the police have said they have the power to arrest Internet providers and seize their equipment. This move by the Brits is disappointing, but perhaps not surprising. I have background about many more international net-censorship attempts at: http://www.eff.org/~declan/global/ -Declan --------------------------------------------------------------------- *** COPIED FROM: >>>Usenet/alt.censorship 98310 ....internet header cut.... Subject-- Re: POLICE CENSORSHIP - HERE, NOW IN THE UK Date-- Wed, 14 Aug 1996 22:28:38 GMT On Wed, 14 Aug 96 17:39:54 GMT, andyc@waverider.co.uk (Andy Cowan) wrote: To all subscribers: Our upstream provider, VBCNet, has informed us that today, they, and other ISPs in the UK have received a notification from the Metropolitan Police to remove 134 news groups from their news servers. Therefore, we are no longer being fed these groups. As many of you will have seen, recently, in a thread in the waverider.support newsgroup, Wave Rider Internet Plc are opposed to such censorship as a matter of principle - as I know many of you are. The letter from the Met makes it clear that this is only the beginning - they plan to ban whatever newsgroups they see fit over the coming months. We urge you all to protest this action - use the media, contact your MPs, generate whatever protest you see fit - or the UK Internet is going to be operated by the whim of the Clubs & Vice unit of the Metropolitan Police. At present, Wave Rider Internet Plc have received no such notification from the police, and will therefore not be removing any groups. However, as we're not being fed them anymore, that's academic - there will shortly be nothing in them. I am enclosing the copy of the letter from the Met, that we have been sent by VBCNet. Andy Cowan Technical Director Wave Rider Internet Plc PS: I will follow this later with my own, personal views. This is an official statement. [...] --- Date--Wed, 14 Aug 1996 09:03:48 -0700 (PDT) From--Dale Amon The CDA sickness begun in the US is now spreading into Europe. This was recieved from our upstream provider in London (I am a director on an ISP in Northern Ireland) Anyone who wishes to write to the Gestapo Commandant and tell him off is more than welcome. Date--Wed, 14 Aug 1996 15:33:52 +0100 (BST) From--Jim Dixon To: euro-customers@vbc.net Subject--police censorship Mime-Version: 1.0 Content-Type: TEXT/PLAIN; charset=US-ASCII Like other UK ISPs, VBCnet today received a demand from the Metropolitan Police that some 134 news groups be deleted from our news machines. The letter makes it clear that this is only the beginning, that they will be banning more groups and requiring ISPs to enforce their dictats. We have with great reluctance complied with their demand. While we do not disagree that the articles in some of these groups are often objectionable, we disagree in principle with this form of censorship. We urge all of you to make it clear to your customers why these news groups have been withdrawn and we urge you to contact your MPs and the media about this arbitrary action by the police. If there is no protest, if a precedent is established, the UK Internet is going to fall under the control of the Clubs and Vice Unit at Charing Cross Police Station. VBCnet is setting up a Web page to protest this action. It should be available at http://www.uk.vbc.net/censorship by the end of the day. We will add pointers to other protesting Web pages -- well, the ones that are calm and reasonable. ;-) -- Jim Dixon VBCnet GB Ltd +44 117 929 1316 fax +44 117 927 2015 http://www.uk.vbc.net VBCnet West +1 408 971 2682 fax +1 408 971 2684 ---------- Forwarded message ---------- Date-- 9th August 1996 METROPOLITAN POLICE SERVICE Clubs and Vice Unit Charing Cross Police Station Agar Street London WC2N 4JP Telephone: 0171 321 7752 Facsimile: 0171 321 7762 To: All Internet Service Providers Dear Sir / Madam Pornographic Material on the Internet Further to the seminar held at New Scotland Yard on 2nd August I enclose, as promised by Superintendent Mike Hoskins, a list of those Newsgroups which we believe contain pornographic material. We have attempted to confirm that the Newsgroups listed currently contain this offensive material but as you will be only too aware the content is continually changing and you will need to satisfy yourself about the nature and content before taking any action. Furthermore, this list is not exhaustive and we are looking to you to monitor your Newsgroups identifying and taking necessary action against those others found to contain such material. As you will be aware the publication of obscene articles is an offence. This list is only the starting point and we hope, with the co-operation and assistance of the industry and your trade organisations, to be moving quickly towards the eradication of this type of Newsgroup from the Internet. At the seminar we debated the means of maintaining an up to date list and you will recall that ISPA volunteered to pool information and assist in this initiative. However, we are very anxious that all service providers should be taking positive action now, whether or not they are members of a trade association. We trust that with your co-operation and self regulation it will not be necessary for us to move to an enforcement policy. 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0000001078 y alt.sex.super-size 0000001987 0000000711 y alt.sex.tasteless 0000001003 0000000202 y alt.sex.teens 0000002394 0000000540 y alt.sex.video-swap 0000001363 0000000489 y alt.binaries.pictures.erotica.black.male 0000012581 0000012054 y alt.binaries.pictures.erotica.children 0000005812 0000005117 y alt.sex.sm.fig 0000006729 0000004915 y ------------------------------ Date: Thu, 21 Mar 1996 22:51:01 CST From: CuD Moderators Subject: File 8--Cu Digest Header Info (unchanged since 7 Apr, 1996) Cu-Digest is a weekly electronic journal/newsletter. 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