Computer underground Digest Wed June 23 1993 Volume 5 : Issue 46 ISSN 1004-042X Editors: J

Computer underground Digest Wed June 23 1993 Volume 5 : Issue 46 ISSN 1004-042X Editors: Jim Thomas and Gordon Meyer (TK0JUT2@NIU.BITNET) Archivist: Brendan Kehoe Shadow-Archivists: Dan Carosone / Paul Southworth Ralph Sims / Jyrki Kuoppala Ian Dickinson Copy Editor: Etaoin Shrdlu, Seniur CONTENTS, #5.46 (June 23 1993) File 1--Re: File 6--Course on "Politics and Technology" File 2--A public experiment in how private our lives really are File 3--AB1624/Calif Legislature Computer Access -- Full Text File 4--Summercon Synopsis & Playful Precis File 5-- Defense Contractor Attacks Full Disclosure (Reprint) (#1) File 6--The "Offending" Full Disclosure Story (#2) File 7--The Harris Letter Threatening Litigation against FD (#3) File 8--The Full Disclosure Atty's Response to Harris (#4) Cu-Digest is a weekly electronic journal/newsletter. Subscriptions are available at no cost electronically from tk0jut2@mvs.cso.niu.edu. The editors may be contacted by voice (815-753-6430), fax (815-753-6302) or U.S. mail at: Jim Thomas, Department of Sociology, NIU, DeKalb, IL 60115. Issues of CuD can also be found in the Usenet comp.society.cu-digest news group; on CompuServe in DL0 and DL4 of the IBMBBS SIG, DL1 of LAWSIG, and DL0 and DL12 of TELECOM; on GEnie in the PF*NPC RT libraries and in the VIRUS/SECURITY library; from America Online in the PC Telecom forum under "computing newsletters;" On Delphi in the General Discussion database of the Internet SIG; on the PC-EXEC BBS at (414) 789-4210; and on: Rune Stone BBS (IIRG WHQ) 203-832-8441 NUP:Conspiracy CuD is also available via Fidonet File Request from 1:11/70; unlisted nodes and points welcome. EUROPE: from the ComNet in LUXEMBOURG BBS (++352) 466893; In ITALY: Bits against the Empire BBS: +39-461-980493 ANONYMOUS FTP SITES: UNITED STATES: ftp.eff.org (192.88.144.4) in /pub/cud uglymouse.css.itd.umich.edu (141.211.182.53) in /pub/CuD/cud halcyon.com( 202.135.191.2) in /pub/mirror/cud AUSTRALIA: ftp.ee.mu.oz.au (128.250.77.2) in /pub/text/CuD. EUROPE: nic.funet.fi in pub/doc/cud. (Finland) ftp.warwick.ac.uk in pub/cud (United Kingdom) COMPUTER UNDERGROUND DIGEST is an open forum dedicated to sharing information among computerists and to the presentation and debate of diverse views. CuD material may be reprinted for non-profit as long as the source is cited. Authors hold a presumptive copyright, and they should be contacted for reprint permission. It is assumed that non-personal mail to the moderators may be reprinted unless otherwise specified. Readers are encouraged to submit reasoned articles relating to computer culture and communication. Articles are preferred to short responses. Please avoid quoting previous posts unless absolutely necessary. DISCLAIMER: The views represented herein do not necessarily represent the views of the moderators. Digest contributors assume all responsibility for ensuring that articles submitted do not violate copyright protections. ---------------------------------------------------------------------- Date: Mon, 21 Jun 93 14:00:26 EDT From: phyland@ESSENTIAL.ORG(Paul Hyland) Subject: File 1--Re: File 6--Course on "Politics and Technology" CPSR distributes for $10 (I think) a list of Course Syllabi on Computers and Society, written by Terry Winograd and Batya Friedman. Ordering information can be obtained in the file cpsr.books at the info server cpsr.org (listserv/ftp/gopher/wais), or write to the national office at cpsr@cpsr.org. There are many other files there that chould be helpful to you in the preparation of your class materials. Paul Hyland phyland@gwuvm.gwu.edu or essential.org Moderator, CPSR List cpsr@gwuvm.gwu.edu ------------------------------ Date: Mon, 21 Jun 93 14:41:58 -0700 From: gnu@TOAD.COM Subject: File 2--A public experiment in how private our lives really are A reported has asked me for help in finding people who will help to penetrate the privacy of four volunteers, for a major newspaper story. Any takers? Contact the reporter: Reporter for major metro paper is interested in help finding out anything there is to find on four prominent people who have volunteered to have their privacy breached. Financial fundamentals. Lives of crime. Aches and pains. How rich they are, where they vacation, who they socialize with. You name it, we're interested in seeing if it's out there. All for a good cause. If you're willing to advise this computer-ignorant reporter, or dig in and get the dope on these volunteers, please contact him at tye@nws.globe.com Or call at +1 617 929 3342. Soon. Thanks. Feel free to forward this far and wide. -- John Gilmore gnu@toad.com -- gnu@cygnus.com -- gnu@eff.org Creating freedom, rather than longer chains, bigger cages, better meals, . . . ------------------------------ Date: Tue, 22 Jun 1993 03:54:09 GMT From: kiddyr@GALLANT.APPLE.COM(Ray Kiddy) Subject: File 3--AB1624/Calif Legislature Computer Access -- Full Text Well, it has changed and it is definitely an improvement. so, without further ado, the full text of AB1624. AMENDED IN SENATE JUNE 17, 1993 AMENDED IN ASSEMBLY MAY 18, 1993 CALIFORNIA LEGISLATURE--1993-94 REGULAR SESSION ASSEMBLY BILL No. 1624 Introduced by Assembly Member Bowen (Principal coauthor: Senator Torres) (Coauthors: Assembly Members Areias, Bornstein, Goldsmith, Isenberg, Johnson, Karnette, Katz Mountjoy, Nolan, Polanco, Speier, and Vasconcellos) (Coauthors: Senators Dills, Hayden, Killea, Morgan, and Rosenthal) March 4, 1993 An act to add Section 10248 to the Government Code, relating to the Legislature; LEGISLATIVE COUNSELUS DIGEST AB 1624, as amended, Bowen. Legislature: legislative information: access by computer network. Under existing law, all meetings of a house of the Legislature or a committee thereof are required to be open and public, unless specifically exempted, and any meeting that is required to be open and public, including specified closed sessions, may be held only after full and timely notice to the public as provided by the Joint Rules of the Assembly and Senate. This bill would make legislative findings and declarations that the public should be informed to the fullest extent possible as to the time, place, and agenda for each meeting. This bill would require the Legislative Counsel, with the advice of the Joint Rules Committee of the Senate and Assembly, to make available to the public, by means of access by way of the largest nonproprietary, nonprofit cooperative public computer network, specified information concerning bills, the proceedings of the houses and committees of the Legislature, statutory enactments, and the California Constitution. Vote: 2/3 majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. The people of the State of California do enact as follows: 1 SECTION 1. Section 10248 is added to the 2 Government Code, to read: 3 10248. (a) The Legislature finds and declares that 4 the public should be informed to the fullest extent 5 possible as to the time, place, and agenda for each 6 meeting of the houses and committees of the Legislature. 7 The Legislature further finds and declares that it is 8 desirable to make timely information regarding these 9 proceedings available to each member of the public, 10 irrespective of where he or she resides, for the least cost 11 possible. 12 (b) The Legislative Counsel shall, with the advice of 13 the Joint Rules Committee, make all of the following 14 information available to the public in electronic form: 15 (1) The most recent Assembly Daily File and most 16 recent Daily Senate File. 17 (2) The text of each bill introduced in each current 18 legislative session, including all amended forms of the 19 bill. 20 (3) The bill history of each bill introduced and 21 amended in each current legislative session. 22 (4) The bill status of each bill introduced and 1 amended in each current legislative session. 2 (5) All bill analyses prepared in connection with each 3 bill in each current legislative session. 4 (6) All vote information concerning each bill in each 5 current legislative session. 6 (7) Veto messages concerning each bill, when issued, 7 in each current legislative session. 8 (8) The California Codes. 9 (9) The California Constitution. 10 (10) All uncodified statutes enacted on or after 11 January 1, 1993. 35 (11) Documentation that is available to the public and 36 maintained in computerized form by the Legislative 37 Counsel which describes the computerized digital 38 formats of the files containing the information specified 39 in this subdivision. 40 (c) The Legislative Counsel shall automatically 1 transmit copies of files of the information specified in 2 subdivision (b) by way of the largest nonproprietary, 3 nonprofit cooperative public computer network upon 4 receiving any computerized request for the files. These 5 files shall be made available in this manner immediately 6 after they are transmitted to the Office of State Printing. 7 The files shall contain all of the text and formatting 8 information transmitted to the Office of State Printing. In 9 the event that a technical malfunction prevents these 10 files from being transmitted immediately after they are 11 transmitted to the Office of State Printing, the 12 Legislative Counsel shall report that fact to the Joint 13 Rules Committee within one business day. 14 (d) Any file that is available pursuant to subdivision 15 (c) shall remain available to the public upon request by 16 electronic digital data transmission until it is updated. 17 When a file is updated, a copy of the file without the 18 updated information shall remain available to the public 19 by electronic data digital transmission for at least 90 days 20 after the update. 21 (e) The Legislative Counsel may not control which or 22 how many files are available to a person who requests the 23 files nor monitor or keep any records about those persons 24 who request files, except for the purpose of assuring the 25 quality of computer operations. No fee or other charge 26 shall be imposed as a condition to public access to any files 27 that are made available to the public pursuant to this 28 section. 29 (f) No action taken pursuant to this section shall be 30 deemed to alter or relinquish any copyright or other 31 proprietary interest or entitlement of the State of 32 California relating to any of the information made 33 available pursuant to this section. ------------------------------ Date: Tue, 22 Jun 93 15:17 CDT From: rejones@SEABASS.ST.USM.EDU Subject: File 4--Summercon Synopsis & Playful Precis Presenting ::: SummerCon 1993 in Review !!! Hacking Tales and Exploits by the SotMESC Additional Activities by the GCMS MechWarriors -()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()- The weather was right, too right. Something was foul in the air. It was akin to that mythical 'Calm before the Storm' scenario that is dreaded by so many. But, Scribbles and I boarded the Techno-Laden SotMESC compact and took off down the Highway to our ultimate goal . . . Hacker Heaven in Summertime Fun - SummerCon !!! Instantly, weather was seen brewing in the Caribbean. Hints of Hurricanes echoed through the towns we drifted through. To alleviate any anxieties, massive quantities of Jolt! were obtained in the infamous town of Hatties-Gulch, a small town taken over by the virulent filth called College Students. The trip continued, over hill and over dale. Dale was quite considerate not to press charges. Colleges were passed in a blink of the eye. Nothing was going to stop us. We were on a mission from the Church. But, that's another story. After locating that famous arch, a beeline was made at speeds over 100 MPH through St. Louis until our destination came into view: The St. Louis Executive International (800-325-4850). We came to meet our nemesis and friends at the fest hosted by the Missouri Programming Institute. Brakes were quickly applied as the car appeared to be going off the off-ramp and into the ditch. From the lobby it was obvious, there were unusual people here. These were the kind of people that you fear your daughters would never meet. The kind of people that kicked themselves into caffeine frenzies and would become infatuated with virtual lands. Yes, these were my kind of people. Now, the adventure may start . . . ( More to come after I get out of the shower real quick ) -Frosty, ilKhan of the SotMESC ========================================================================= The continuing story of Hackers gone astray in the big city =:) For those of you that were waiting, we apologize for the delay. But, nobody can interrupt an original episode of ST:TNG and the discovery of the latest 2600 'zine. Oh, and in response to A-Gal on pg 30 of 2600, Scribbles says she's the sexiest hacker on the nets. Hmmmmm, I'm inclined to agree with that. I'm sure Control-C will agree too, especially after he trailed her for half of SCon. Now, we all know that Friday is the warm-up day on what we can expect to see at SCon during the main saturday drag. It was no surprise to find the main junction box rewired, pay-phones providing free services, rooms rerouted and computers running rampant down the hallways. But, the traditional trashing of Control-C's room this early signaled that more would be needed to top the night. The maid was definitely not pleased. For a list of those that attended, maybe KL can provide us with that information. There were too many faces for my fingers to lap into. And, there were quite a few new faces. I believe that Weevel was the youngest hacker at 16, and Emmanuel was the oldest, although he didn't give his age. -()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()- THE CONFERENCE -()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()- Let's get to the meat of the matter. The conference had a nice spacious central area with tables neatly lining alongside the wall. Between the tables and the walls were many hacks packed as tightly as they could get. Why didn't we think of moving the tables closer together ??? KL took control and ran the conference smoothly. dFx panned everyone on his digital camcorder. Several cameras were around to provide us with gifs later. And the conference took off . . . First up was Stewart from SRI ( Stanford Research Institute ). He elaborated on SRI's being involved in research, engineering and design. From studies done around the world with hackers and those associated, malicious hacking can not be stopped. There is no evidence, though, that the current hackers are interested in bringing the networks down at all. Concern was given to new hackers that may be emerging with financial gain and maliciousness occurring. The top security hole with system was noted as being the infamous social engineering technique. SRI did note that many places did not utilize the security that they even had in place. It was also noted that laws against malicious hackers, and probably any hacker, should be fair and just. The most malicious hacks that are turning up have been spotted in the following named countries: Holland, Scandinavia countries, very possibly soon in the UK, Australia, Israel, the former USSR, and Bulgaria ( noted for virii writers ). A voice made mention of Operation Rahab, hackers in German Intelligence. Next up was Count Zero from cDc/RDT to talk about packet radio. His talk included information about the IESS and handed out a flyer on America 2000 ( school under 1984 regimes ). Maybe someone will provide us with a copy of this. A packet radio modem at 1200 can be obtained easily for $50. TCP/IP packets are already being send over the bandwidth along with other network protocols. The usefulness of all this is that the information is broadcast and it is virgin territory. The baud limitation is due only based upon the bandwidth you are operating at and the number of collisions occurring. On a band you can see every packet that is being transmitted if you wish. All this is located on a 2 meter band. Currently the FCC forbids encryptions on the airwaves, although this is noted as being virtually impossible to enforce. It also takes 5 months to get an amateur radio license, and your personal info is recorded in a book easily obtained at libraries. The problem with going around the FCC is that there exist vigilante HAMs that monitor the bands and have nothing better to do than filter info and whine to the FCC. Bandwidths are decreasing though. This is due to an increased interest overall by communications in these areas. Unless you do something major the FCC will not give you much interest. The book on preparing yourself for a Tech Class can be obtained from Radio Shak for $9. Next up was dFx. He was promoting the HCon and Tone-Loc t-shirts that were for sale. Merchandising was getting pretty high. He also gave out a few Mitsubishi 800 disks. He was also recognized as the ONLY and LAST member of the Neon Knights, a club that had a wide range of comedy names generated. The word was put out the HCon '93 will be in December 17-19 with a hint that it could also wind up being in Austin. Then the conversation turned to Lord Byron's bust, which we should here more information on any day this week. The conversation reiterated the government narc that was at the AA meeting that was pressuring Byron. Byron was also noted as having rejected a plea bargain the courts offered him. And lastly, it is going to happen soon so get them while you can. The FTP site at eff.org will be dropping its CuD directory due to a conflict of interest with EFFs major contributors, mainly the RBOCs and other interest groups that don't like us. Erik Bloodaxe took the table next to talk about what was happening with his involvement with Phrack and some interesting info about Agent Steel. As for Phrack, the Email list is being with-held by Tuc. The mailing list has been refused at Mindvox due to files missing mysteriously at that site. And, no organization registered for Phrack #42 since it was copyrighted with a nice and lengthy preamble, except for one company from Midar. Currently Phrack #43 is in limbo and is estimated at 1 Meg long. Going onto the info about Agent Steel, basically he's a narc. Lord Havok from Canada is trying to restart the LOD under some unknown logical rationale that since LOD is defunct, anyone can reclaim the name. Lord HAvok, aka Cameron, has been going around trying to get documentation to put together an LOD technical journal #5. Supposedly there is a skin-head group in Canada that is now tracking Cameron down. Someone next came up and gave us an update on Codec. Two weeks after the last SCon, Codec was pulled over while on the run from the law for speeding and then arrested for burglary, resisting arrest, etc . . . He is estimated to be out of jail in 1995 and still has time to serve in a few other states. Mail can be sent to him at this address: codec@cypher.com. Maybe Crunch can give Codec some hints on how to get by in prison? From the CPSR, Eric Nielson took the table. He elaborated on the CPSR and ran a Q&A period. Basically, the CPSR files many FOIA requests and sues the government. Their focus is on the workplace computing. Elaboration was given on the Clipper Chip and computer ship security. The CPSR is staffed with lawyers and takes their funding from dues and grants. They are not sponsored by any corporations. From the far side of the table came the infamous Emmanuel Goldstein from 2600. He stated how he had testified at congress and gave them a live demonstration of bandwidth scanning and redboxing. While he was there, the inquisition started against him on the issue of 2600. Emmanuel then tried to explain the culture to our representative that it is bad to classify all hackers as criminals. Goldstein then went on to talk about the DC 2600 bust and how it has resulted in 2600 meetings springing up all across the country. A review of several films on software piracy at the office, disaster recovery and viruses from Commonwealth Films was given. And, to hilight everything, 2600 has purchased an AT&T van that they plan to take to assorted conventions and start a fleet of these up. Pst, BTW, on pg 43 of 2600 the intersection should be a jump =:) Last up was Errath Ackby, a Certified Netware Engineer. He explained that the only upgrade in Novell 4.0 is the disk compression. He also informed us that the supervisor and guest accounts generally have default passwords. TO hack into this Net, you should use a PC with full alt and functions keys. The supervisor p/w is on the RConsole in a file called autoexec.mcf on version 3.11. Netcrack will not work on a system with Intruder Lock-Out. Non-dedicated netware must boot from a floppy. Best of all, you can dial out by using cubix-quarts, which are PC with modems on the system. Thus we have come to the end of the conference part of SummerCon. Part III will go into detail about several of the flyers that were floating about and the post-conference excitement that nobody there would ever forget !!! Below is a quick reprint of a paper that was recovered from Control-C's trashed room. Mrs Jarnagin, I would like to set up a meeting to discuss Kevin's progress in Social Studies and English. Please let me know when it would be convenient. Thank you ( Scribble , scribble ) Dear Mr + Mrs Gormby, We would be happy to meet with you at 9:30 on Thursday, April 1st in Room 104 Sincerely, M.Jarnagin & S.Dietrich Now, could this be Kevin Poulson ??? Naaa, no way. Amazing what technical data trashing will uncover. I guess I should throw this away now . . . THE ADVENTURE CONTINUES !!! -Frosty, ilKhan of the SotMESC ------------------------------ Date: Wed, 22 Jun 1993 22:32:12 PDT From: Alex Zelchenko Subject: File 5--Defense Contractor Attacks Full Disclosure (Reprint) (#1) ((MODERATORS' NOTE: Glen Roberts, editor of Full Disclosure, a gadfly hardcopy journal/newsletter, has been threatened with a lawsuit by Harris Corp. over a review of one of its products. As the experiences of 2600 Magazine illustrate, the threat of litigation by large corporations seems to be a way of silencing speech of those writing on cyber-issues. CuD readers will recall that Roberts and his co-gadfly Bill Vajk obtained and made available a number of sealed federal warrants and affidavits during the so-called "Hacker Crackdown" of the 1990s, including the Ripco BBS and Rich Andrews documents. Full Disclosure was also one of the first print media to attack the crackdowns and provided considerable information about the events to the computer community. Vajk and Roberts aggressively use the Freedom of Information Act (FOIA) to ferret out information. The generosity of Roberts and Vajk in sharing their information with CuD, amongst others, makes any threat to their enterprise a threat to our own information flow for two reasons. First, if media such as 2600 or Full Disclosure are silenced from legitimate pursuit and publication of information because of the chilling effect of intimidation, then a significant source of information is lost. Second, if large corporations or government agencies can threaten publications of which they disapprove into silence, it severely curtails the free flow of information and makes other media more cautious lest they also be targeted. Alex Zelchenko collected the basic documents related to this case. In this file, we reprint a (forthcoming) Full Disclosure piece summarizing the events. Second is the "offending" story that resulted in the threat of litigation. Third is the letter from Harris attorneys threatening the suit, and finally is the response of Full Disclosure legal counsel to Harris. ++++++ DEFENSE CONTRACTOR ATTACKS NEWSPAPER EDITOR (CHICAGO) -- Harris Corporation, through its Electronic Systems Sector in Melbourne, Florida, has attacked Glen L. Roberts, Editor of Full Disclosure, the nation's #1 surveillance journal, threatening him with civil and criminal proceedings over his editorial review of one of their products. In 1991, Full Disclosure reported on the National Technical Investigators Assoc conference held Washington, DC. Harris, an exhibitor at the conference, was included in Full Disclosure's coverage. A Harris product called "Triggerfish," which the company promoted at the conference as a cellular phone interception system, was included in Full Disclosure's report. Harris now claims that this editorial review was an "apparently unauthorized advertisement," and that it constitutes a deceptive trade practice, violates its trademarks and may be a "felony." Roberts stated, "clearly, I have a First Amendment right to discuss the products or services of any company in my publication. The First Amendment has no requirement that I get 'authorization' to talk about what's being sold to the public, or law enforcement agencies." Further, Roberts said that this issue is especially important to the public and political discussions about privacy and surveillance technology. Roberts thinks that Harris has failed to learn the lesson of the "Pentagon Papers" case. "We're seeing laws passed relating to issues of privacy, and in particular cellular phone privacy, without informed public debate on the issue, by either the public, or our Congress." Roberts considers this action by Harris as an effort to prevent such public debate. Roberts said, "Full Disclosure was started to encourage debate and public knowledge of these topics." FULL DISCLOSURE, BOX 903, LIBERTYVILLE, ILLINOIS 60048. PHONE: (708) 395-6200. FAX: (708) 395-6022. TOLL FREE: (800) 235-1414 : For sub a message left on 800-235-1414 will do it ------------------------------ Date: Wed, 22 Jun 1993 22:32:12 PDT From: Alex Zelchenko Subject: File 6--The "Offending" Full Disclosure Story (#2) Here is the original story as it appeared in "Full Disclosure." It will be followed by the text of a letter received by the publication. ++++++++ NATIA Conference The following pages highlight some companies and products that exhibited at the 1991 National Technical Investigators Conference (NATIA) show in Washington, DC. NATIA is an organization of over 2300 law enforcement officers, communications and security managers assigned to support technical investigative activities in the major federal, state and local law enforcement and intelligence agencies. The NATIA membership is responsible for supplying all of the various audio, video, photographic, specialized electronic and investigative aids used in support of these sensitive bugging, wiretapping and intelligence activities. As with the 1990 show, there was a strong showing of covert video systems. Cellular phone interception systems are now becoming commonplace. The following information has been complied from product literature made available at the show. It should be remembered that NATIA has a law enforcement membership and some of the products are only available to such agencies. Additionally, some RF devices are not FCC approved and therefore, only available to Federal law enforcement agencies. Even though the sale of some devices may be limited to official law enforcement agencies, the technology is relatively simple. For example, the cellular phone monitoring equipment is sold only to the law enforcement market. However, anyone wishes to exert a little elbow grease can accomplish the same on their own. This should be taken as a stern warning to those who have an expectation of privacy when using their cellular phones. As the information shows, commercial units can record the calls, as well as tracking by mobile phone number, electronic serial number and also direction finding to physically locate an individual using a cellular phone. +++++++++++ Harris Law Enforcement Products TRIGGERFISH has a number of cellular phone based applications: determining a suspects phone number, dialed number recorder, and wiretapping. According to Harris, ``for the first time, law enforcement is not at a disadvantage in tracking the high-tech criminal.'' Additionally, the unit ``collects and integrates all relevant data, including voice, directly from the ether.'' Box 91000, Melbourne, FL 32902. Phone: (800) 442-7747, Fax: (407) 768-4005 +++ Reprinted from Full Disclosure, Box 903, Libertyville, Illinois 60048 Phone: (800) 235-1414 ------------------------------ Date: Wed, 22 Jun 1993 22:32:12 PDT From: Alex Zelchenko Subject: File 7--The Harris Letter Threatening Litigation against FD (#3) HARRIS May 26, 1993 Mr. Glen L. Roberts Editor/Publisher Full Disclosure Box 903 - FD24 Libertyville, Illinois 60048 Dear Mr. Roberts: Your issue No. 24 of Full Disclosure has been brought to my attention because of an apparently unauthorized advertisement on page 8 for a Harris law enforcement product referred to as "Triggerfish." It is my understanding that the publication of this advertisement was not previously requested nor authorized by Harris. The unapproved use of this advertisement constitutes a deceptive trade practice, which would potentially subject you and your newspaper to civil liability. Further, you have used our trademarks -- Harris and Triggerfish -- without permission. Lastly, you may have committed a felony under 18 USC 2512(1)(c)(i). This criminal statute prohibits the placement in a newspaper or magazine of an advertisement for an electronic product that is primarily useful for the purpose of surreptitiously intercepting electronic communications. Further, these actions on your part may have also subjected Harris Corporation to such liability under this statute. You are hereby instructed to immediately desist from placing advertisements or promotional material related to Harris electronic law enforcement products in your newspaper. Any further actions of this nature will be dealt with by filing a suit against you and your newspaper. Sincerely, /s/ John L. DeAngelis, Intellectual Property and Licensing Counsel. JLD/bea Harris Corporation Electronic Systems Section P.O. Box 37, Melbourne, Florida 32902 Telephone 407-727-4000 ------------------------------ Date: Wed, 22 Jun 1993 22:32:12 PDT From: Alex Zelchenko Subject: File 8--The Full Disclosure Atty's Response to Harris (#4) Drath & Dwyer - Lawyers - 400 South Beverly Drive * Suite 214 Beverly Hills, California 90212-4402 Tel: (310) 364-3444 * Fax: (310) 858-7458 Tuesday, June 1, 1993 John L. DeAngelis Jr., Esq. Harris Corp. P.O. Box 37 Melbourne, FL 32902 Dear Mr. DeAndelis: I write on behalf of Glen L. Roberts, the editor and publisher of the magazine, Full Disclosure, in reply to your May 26 letter addressed to him. In addition to advising Mr. Roberts, I serve as privacy law columnist for his publication and co-host with him of "Full Disclosure Live," a one-hour live radio program carried across the country on the Let's Talk Radio Network. It is shocking sophistry on your part to have characterized Full Disclosure's editorial expression about the product, "Triggerfish," as an "advertisement" Of course, I recognize your procrustean need to do that, because "advertisement," is the operative word of the criminal statute you cite. Had you taken time to research even a few of the many cases in which "advertisement" not only has been defined as the space one associated with a product purchases from a publisher, but as well distinguished from editorial expression or news reporting by such a publisher or his or her subaltern, for example, an editor, you might have saved your company the embarrassment that well may flow from your misguided missive. Cary Grant couldn't make an Esquire magazine news article, which used a photograph of his head, into an advertisement in the Southern District of New York 20 years ago; I doubt you'll have any greater success today, venue notwithstanding. Respecting your assertion of trademark use without permission, we are unable to locate any authority, statutory or decisional, that even suggests that editorial mention of a product or service, which enjoys registered or common law trade or service mark protection, obliges the publisher to include an indication of such status or forbids such publication "without permission." Perhaps, given your stated role as intellectual property counsel, you can afford us the benefit of your expertise in this realm. What I find most troubling about your letter is your apparent indifference to First Amendment law. A careful reading of the 1968 legislative history of 18 USC 2512 acquaints one with the fact that Congress did not seek to abridge free press rights in proscribing the advertising of "bugging" devices. unknown." It continues to be Mr. Robert's persistent and pervasive theme that for our democratic society to defeat the depredations of privacy-invasive devices, it must know that they exist and how they work. Hence, attempts like yours to chill or impair free exercise of expression in the arena of such public affairs can only be viewed as inimical to the legislative underpinnings of the statute involved. You use of it is akin to the drunkard's fondness for the lamppost: more for support than illumination. Really, sir, for a lawyer to tell a reporter that there's potential criminality involved in writing about a product in the marketplace should make you tremble to know that God is just. The First Amendment, you seem to require reminding, is an absolute bar to the imposition of such government restraints of the press as you erroneously think your cited statute imports. The press must be free to publish news, whatever the source, without censorship. Guarding little secrets, like the existence of your "Triggerfish," at the expense of an informed representative government is about as tawdry a legal proposition as I can imagine. Let me add that your menacing Full Disclosure's editor with the prospect of criminal charges, in our opinion, implicates issues of professional responsibility. When lawyers in jurisdictions with which I am familiar try that technique to obtain an advantage in a civil dispute, they are subject to discipline. Is there no such sanction for Pennsylvania practitioners? I invite your reply on the points raised, including your proposal as to how we might avoid formal proceedings to right the wrong you have done Full Disclosure. Failing your willingness to apologize or submit this matter to an alternative dispute resolution mechanism for a declaration of rights, I shall advise Full Disclosure to proceed with an action under 28 USC 2201 as a possible predicate to seeking further relief. As a matter of professional courtesy, I wish to inform you that the Harris Corp. officers and directors shown as recipients of copies of this letter and its enclosure are not being sent a copy of your letter to Mr. Roberts; it, I believe, more appropriately should reach them from you. For your further information, the two other copy recipients in addition to Mr. Roberts, namely, Messrs.. Ward and Rudnick, are, respectively, our intellectual property adviser and our litigation counsel. You doubtless know Mr. Ward from his prominence at the trademark bar. Mr. Rudnick, who would handle a Rule 57 matter, if such proves necessary, is a former federal prosecutor with the Los Angeles Strike Force. Sincerely, /s/ Will Dwyer II Enclosure Copies: Richard L. Ballantyne, Esq., Mr. John T. Hartley, Mr. Joseph Boyd, Mr. Lester Coleman, Mr. Ralph D. Denunzio, Mr. C. Jackson Grayson, Jr., Mr. George I. Meisel, Mr. Walter Raab, Mr. Robert Cizik. Mr. Joseph Dionne, Mr. Alexander Trowbrige, Mr. Allan J. Huber, Mr. Glen L. Roberts, Marvin L. Rudnick, Esq., Thomas J. Ward, Esq. ------------------------------ End of Computer Underground Digest #5.46 ************************************