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Politech is the oldest Internet resource devoted to politics and technology. Launched in 1994 by Declan McCullagh, the mailing list has chronicled the growing intersection of culture, technology, politics, and law. Since 2000, so has the Politech web site.
********* In-Reply-To: <5.0.2.1.0.20010825100116.00accec0@mail.well.com> Date: Sat, 25 Aug 2001 19:41:18 -0400 To: declan@well.com, politech@politechbot.com From: John Noble <jnoble@dgsys.com> Subject: Re: FC: U.S. Attorney replies to "Good Samaritan" outcry with statement Cc: gharlanr@bellsouth.net It's an interesting defense -- accidental penetration. Maybe somebody on your list, Declan, who knows more about network security can answer this question: if a hypothetical cracker was nailed by real-time monitoring -- a "gotcha" while online and inside the network -- would he likely know it or suspect it? Or can we assume that his voluntary report of his accidental accomplishment was the product of good faith and stupidity? John Noble ********* Date: Sat, 25 Aug 2001 11:30:21 -0700 From: Anthony Mournian <mournian@acusd.edu> To: sheldon.sperling@usdoj.gov, Declan McCullagh <declan@well.com> August 25, 2001 Sheldon J. (Shelly) Sperling United States Attorney Eastern District of Oklahoma 1200 West Okmulgee Muskogee, OK 74401 sheldon.sperling@usdoj.gov Re: Brian K. West Dear Mr. Sperling: I have been following this matter and received a copy of your message regarding the ongoing investigation. I appreciate the U.S. Government's vigilance and attention to the law. However, based on my limited knowledge of the facts in this case, and 25 year career as a trial lawyer (two facts which are at odds with one another) I wonder just what is happening here. Probably the single thing that bothers me most is the apparent offer to settle the case if Mr. West enters a plea to a charge, and yet you say he has not been charged. If I had received your offer to plea to the charge I suspect I would have felt as threatened as does Mr. West. Somehow this whole thing of Internet security has begun to turn upside down. It has a chilling effect on free and open communication when it becomes a crime to talk about the possibility of breaching security, or to discuss it in an open forum. It has a chilling effect on free speech when the U.S. Government decides to act like the 800 lb gorilla and go after a person like Brian K. West, who did in fact look at the content of another person's computer, and had the common sense to report the complete lack of security to the computer's owner. Funny, I feel even by writing you this note I invite investigation by Big Brother. As I read other articles, I see reference to Carnivore becoming a part of all our lives, as the FBI, and thus the U.S. Government, listening in or recording, or examining private communications at will. Yes, of course, the goal is noble that the Good Guys want to catch the Bad Guys, but there are a lot of us Other Guys who don't want Big Brother sticking its nose in our business, reading our mail, or listening to our phone calls. Much of this note is off the point, and yet is directly on point. The U.S. Government is too much in many of our lives already, and this newfound Mecca of computer investigation and The Hammer for those who even technically step off the line, as apparently did Mr. West, is a bit too much. Yes, you can decide to hammer Mr. West. Yes, you can put the fear of Big Brother in many of us, and yes, you will contribute to the continuing loss of Free Speech in a way that saddens me, and will affect the unique society we call the United States of America. I hope the U.S. Government sees the light and acts in a common sense manner in the resolution of this matter. Brian K. West is no more a criminal than you are, and he does not deserve to be treated like one. Best regards from SoCal, Anthony F. Mournian Attorney at Law 4770 Kane Street San Diego, CA 92110 California State Bar #55952 mournian@acusd.edu ********* ------------------------------------------------------------------------- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if you include this notice. Declan McCullagh's photographs are at http://www.mccullagh.org/ To subscribe to Politech: http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ -------------------------------------------------------------------------